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2024 DIGILAW 1297 (SC)

Santosh Abhishek Solanki @ Santosh Choturam Ravivanshi v. Abhisek Prakash Solanki

2024-12-10

DIPANKAR DATTA, PRASHANT KUMAR MISHRA

body2024
ORDER : 1. Read the office report dated 07th December, 2024. 2. The marriage between the petitioner, Santosh Abhishek Solanki @ Santosh Choturam Ravivanshi, and the respondent, Abhisek Prakash Solanki, was solemnized on 17th June, 2018. No child was born to the petitioner and the respondent from such wedlock. However, the parties have since drifted apart owing to differences arising by and between them. 3. The respondent has instituted proceedings for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, being Petition/A No.1480/2024 titled “Abhishek Prakash Solanki Vs. Santosh Abhishek Solanki @ Santosh Choturam Ravivanshi”, before the Family Court, Pune. 4. On the multiple grounds urged in the petition, the petitioner has sought for transfer of the aforesaid proceedings from the Family Court, Pune to the Family Court, Gurugram, Haryana. 5. We have heard Mr. Siddhant Sharma, learned counsel appearing for the petitioner as well as Mr. Chetan Anand, learned counsel appearing for the respondent. 6. We are satisfied, having regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the Family Court, Pune, which is at a distance of around 1300 kms from her present place of residence, that interest of justice demands grant of the prayer for transfer. 7. Hence, the transfer petition is allowed. Petition/A No.1480/2024 titled “Abhishek Prakash Solanki Vs. Santosh Abhishek Solanki @ Santosh Choturam Ravivanshi” pending before the Family Court, Pune is transferred to the Family Court, Gurugram, Haryana. Records of Petition/A No.1480/2024 be transferred to the transferee court immediately. 8. To avoid delay, the parties are directed to appear before the transferee court on 15th 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. 9. 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. 10. Thereafter, he shall be free to proceed in accordance with law. 9. 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. 10. If the respondent is unable to attend the proceedings in person on any occasion, he 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. 11. Pending application(s), if any, shall stand disposed of.