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2019 DIGILAW 125 (SC)

Bhawna Sehgal v. Tarun Sehgal

2019-01-09

INDIRA BANERJEE, R.BANUMATHI

body2019
ORDER 1. In terms of the Constitution Bench Judgment in Anita Kushwaha v. Pushap Sudan and batch of matters,2016 7 SCC 509, the petitioner-wife has filed the present writ petition to transfer Matrimonial Suit No. HMA 3218/17 and Application bearing No. GP-19/17/17 titled "Tarun Sehgal v. Bhawna Sehgal" pending before the Principal Judge, Family Court, Tis Hazari, Delhi, to the Principal Judge, Family Court at Jammu under the Jurisdiction of the High Court of Jammu and Kashmir. 2. We have heard learned counsel for the parties. 3. Considering the submission made at the Bar and having regard to the ground on which transfer has been prayed for, Matrimonial Suit No. HMA 3218/17 and Application bearing No. GP-19/17/17 titled "Tarun Sehgal v. Bhawna Sehgal" pending before the Principal Judge, Family Court, Tis Hazari, Delhi, is ordered to be transferred to the Principal Judge, Family Court at Jammu, for hearing and disposal in accordance with law who may try the case himself or transfer the same to the Court competent to do so. Records shall be sent by the Court where proceedings are pending to the transferee Court promptly and without any delay. 4. The writ petitions are, accordingly, allowed. 5. On receipt of the case records, the transferee Court is directed to make all endeavour for amicable settlement, failing which for early decision in the cases without unnecessary adjournments.