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2024 DIGILAW 1202 (SC)

Abhijat Kumar v. Shweta Gupta

2024-11-26

DIPANKAR DATTA, PRASHANT KUMAR MISHRA

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ORDER 1. The petitioner-husband (Dr. Abhijat Kumar) and the respondent-wife (Dr. Shweta Gupta) are physically present in Court and are represented by their respective learned counsel. 2. On board are four special leave petitions. All these petitions have been filed by the petitioner-husband. Having regard to the order proposed to be passed on these special leave petitions, we would briefly notice the proceedings that have triggered the same. 3. In SLP(C) Nos. 24665-24666/2023 and SLP(C) No. 25450/2023, orders passed by the High Court on petitions filed by the respondent-wife under Section 24 of the Code of Civil Procedure [CPC] are under challenge. The petitions under Section 24 sought relief of transfer of divorce and custody proceedings initiated by the petitioner-husband from the court at Basti to the court at Bijnor The orders impugned in these two special leave petitions did not finally decide the petitions for transfer; they are interim orders issuing notice, granting interim stay and recalling an order of rejection for non-prosecution. 4. SLP (Crl.) No. 14654/2023 arises from an order passed by the High Court dismissing the prayer of the petitioner-husband for transfer of a proceeding instituted by the respondent-wife under the Protection of Women from Domestic Violence Act, 2005 [D.V. Act] from the court at Bijnor to the court at Basti. 5. The genesis of SLP (Crl.) No. 13681/2023 is a First Information Report [FIR] registered under Sections 504 and 506 Indian Penal Code, 1860 [IPC], at the instance of the petitioner-husband against the respondent-wife and her brother. Transfer Petition filed by the respondent-wife under Section 407 of the Code of Criminal procedure, 1973, seeking transfer of proceedings arising out of the said F.I.R., from Basti to Bijnor has been allowed by the impugned order. 6. In course of hearing, it has been brought to our notice that the respondent-wife presently resides in Dehradun, Uttarakhand and that the petitioner-husband would have no objection if all the proceedings/cases as well as the case under the D.V. Act are transferred from the court at Basti, Uttar Pradesh to the competent court in Dehradun, Uttarakhand. 7. The respondent-wife is also agreeable to such an arrangement. 8. In such view of the matter, we dispose of SLP (C) Nos. 24665-24666/2023, and SLP (C) No. 25450/2023 by directing that the relevant proceedings viz. (i) Matrimonial Case No. 20/2022 and (ii) Guradianship Petition Case No. 12/2022, both titled “Dr. 7. The respondent-wife is also agreeable to such an arrangement. 8. In such view of the matter, we dispose of SLP (C) Nos. 24665-24666/2023, and SLP (C) No. 25450/2023 by directing that the relevant proceedings viz. (i) Matrimonial Case No. 20/2022 and (ii) Guradianship Petition Case No. 12/2022, both titled “Dr. Abhijat Kumar vs. Dr. Shweta Gupta” and pending before the Principal Judge, Family Court, Basti, Uttar Pradesh, shall stand transferred to the Family Court, Dehradun, Uttarakhand. Records of Matrimonial Case No. 20/2022 and Guardianship Petition Case No. 12/2022 be transferred to the transferee court immediately. 9. To avoid delay, the parties are directed to appear before the transferee court on 7th January, 2025. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law. 10. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law. 11. If any of the parties is unable to attend the proceedings in person on any occasion, he/she will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably. 12. Further, proceedings under the D.V. Act bearing Complaint Case No. 121 of 2022 and forming subject matter of SLP (Crl.) No. 14654/2023 shall stand transferred for being considered and decided by the court of competent jurisdiction in Dehradun, Uttarakhand. For this purpose, records of Complaint Case No. 121 of 2022 shall be forwarded immediately to the Sessions Judge, Dehradun, Uttarakhand who shall assign the case, without any delay, to the court having competence to hear and decide the same. The directions contained in paragraphs 9 to 11 shall also apply to the presiding officer of the transferee court as well as to the parties. 13. Insofar as SLP (Crl.) No. 13681/2023 is concerned, we do not see reason to interfere with the impugned order at this stage. The special leave petition, accordingly, stands dismissed. The directions contained in paragraphs 9 to 11 shall also apply to the presiding officer of the transferee court as well as to the parties. 13. Insofar as SLP (Crl.) No. 13681/2023 is concerned, we do not see reason to interfere with the impugned order at this stage. The special leave petition, accordingly, stands dismissed. The parties shall however be at liberty to work out their remedies in accordance with law, if the occasion so demands in future. 14. On the above terms, the special leave petitions are disposed of. 15. Pending application(s), if any, shall also stand disposed of.