IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2472 OF 2024
HIMANSHI TEKWANI ..... PETITIONER(S)
VERSUS
RISHI ATHWANI ..... RESPONDENT(S)
O R D E R
As per the office report, the respondent has been served. However, he has chosen not to enter appearance. It may be noted that by the order dated 18.09.2024, while issuing notice, the proceedings in Matrimonial Case No. 2521/2024, titled "Rishi Athwani v. Himanshi Tekwani", pending before the learned Principal Judge, Family Court, Lucknow, Uttar Pradesh, were stayed. It is, therefore, apparent that the respondent would be aware of the pendency of the present petition. The respondent is, therefore, proceeded ex parte.
Having given due consideration to the contentions raised by the petitioner, the averments made in the transfer petition and in the interest of justice, the transfer petition is allowed. Accordingly, Matrimonial Case No. 2521/2024, titled "Rishi Athwani v. Himanshi Tekwani", pending before the learned Principal Judge, Family Court, Lucknow, Uttar Pradesh, is directed to be transferred to the learned Principal Judge, Family Court, Jaipur
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Metro I, Jaipur, Rajasthan, who may hear the case himself/herself or assign it to a Court of competent jurisdiction. Records of the case shall be immediately transferred to the transferee Court.
To cut short delay, parties are directed to appear before the transferee court on 30.04.2025. On the said date and thereafter, the parties may appear in person or through their authorized representatives or through video-conferencing, if the said facility is available in the transferee Court. In case there is non- appearance on behalf of any party on the date fixed by this Court, notice shall be issued by the transferee Court to the defaulting party.
The parties may explore the possibility of settlement through mediation. The transferee Court may obtain the desire and wishes of the parties and proceed accordingly in this regard. The transferee Court shall decide the matter expeditiously. Pending application(s), if any, stand disposed of.
..................CJI
(SANJIV KHANNA)
..................J.
(SANJAY KUMAR)
NEW DELHI;
MARCH 20, 2025.
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ITEM NO.5 COURT NO.1 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION (CIVIL) NO. 2472 OF 2024
HIMANSHI TEKWANI ..... PETITIONER(S)
VERSUS
RISHI ATHWANI ..... RESPONDENT(S)
(IA No. 208695/2024 - EXEMPTION FROM FILING O.T. and IA No. 208694/2024 - STAY APPLICATION)
Date : 20-03-2025 This matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) :
Mr. Karan Khetani, Adv. Ms. Mallika Agarwal, Adv. Mr. Jonathan Ivan Rajan, Adv. Mr. Sahil Monga, AOR For Respondent(s) :
UPON hearing the counsel the Court made the following
O R D E R
The transfer petition is allowed, in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)
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