Supreme CourtDivision Bench

Mayuri @ Mayuri Kumar Gupta vs Sarvesh Kumar Gupta

Supreme Court Of India · Decided on 16 December 2019 · Citation: (2019) 12 SC CK 0234

HON’BLE JUDGES
A.M. Khanwilkar, J · Dinesh Maheshwari, J
RESULT
Allowed
CASE NUMBER
Transfer Petition (Civil) No. 918 Of 2019
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Judgment

6 paragraphs · 232 words
1.

This petition is filed at the instance of the petitioner-wife seeking transfer of H.M.A. Case No.2407/2018 titled 'Sarvaesh Kumar Gupta vs. Mayuri' pending before the Principal Judge, Family Court at Ghaziabad to the Family Court, Chhapra, Saran, Bihar.

2.

Vide Order dated 27.09.2019, the parties were directed to appear before the Supreme Court Mediation Centre on 16th October, 2019 to explore the possibility of settlement.

3.

Pursuant to the said order, Mediation Report dated 21st November, 2019 has been received from the Supreme Court Mediation Centre stating therein that the parties could not arrived at any amicable settlement. Hence, mediation is unsuccessful.

4.

We have considered the facts of the case and grounds on which transfer has been sought. On such consideration, we are satisfied with the grounds urged by the petitioner and we accept the same. Therefore, case bearing H.M.A Case No.2407 of 2018 titled 'Sarvaesh Kumar Gupta vs. Mayuri' pending in the Court of Principal Judge, Family Court, Ghaziabad, Uttar Pradesh is ordered to be transferred to the Family Court Chhapra, Saran, Bihar. The Family Court, Ghaziabad, Uttar Pradesh shall send the case record to the transferee Court promptly and without any delay.

5.

The transfer petition is accordingly allowed.

6.

On receipt of the case records, the transferee Court is directed to make all endeavour for amicable settlement or for early decision in the case without unnecessary adjournments.