Supreme Court – Daily Orders
Gursagar Singh vs Gurmeet Kaur on 28 January, 2025
Author: Pankaj Mithal
Bench: Pankaj Mithal
CA NOS.1143 - 1144 OF 2025
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.1143 - 1144 OF 2025
(@ SLP (CIVIL) NOS. 5223-5224 OF 2023)
GURSAGAR SINGH APPELLANT
VERSUS
GURMEET KAUR RESPONDENT
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. The High Court by the impugned order dated 29.11.2022 in exercise of
powers under Section 24 of the Code of Civil Procedure, 1908 (for short ‘the CPC’)
has ordered the transfer of the divorce suit instituted by the appellant-husband
from the Court of Principal Judge, Family Court, Talwandi Sabo, District Bhatinda
to a Court of competent jurisdiction at Nawanshahr, District Shaheed Bhagat Singh
Nagar.
4. In impugning the above order of transfer, the submission of learned counsel
for the appellant is that such an order could not have been passed without giving
notice or opportunity of hearing to the appellant. It is argued that Section 24 CPC
Signature Not Verified
itself provides for notice of hearing to the other side before passing the order of
Digitally signed by
geeta ahuja
Date: 2025.01.31
transfer.
17:21:02 IST
Reason:
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CA NOS.1143 – 1144 OF 2025
5. It has been brought to our notice by the learned counsel for the parties that
after the order of transfer has been passed, though the file has been transferred to
the transferee Court but the trial has not progressed. Only a written statement has
been filed by the respondent-wife and admittedly even the issues have not been
framed.
6. We are informed that the wife had sought transfer to Nawanshahr, District
Shaheed Bhagat Singh Nagar as at the relevant time she was posted there, but,
now she has been transferred to Ludhiana and as such it may not be convenient
for her to pursue the case at Nawanshahr, District Shaheed Bhagat Singh Nagar.
7. The transfer order impugned herein has been passed without giving notice
or opportunity of hearing to the appellant. This is reflected from the impugned
transfer order itself which says that “since the petition is being disposed of without
issuing notice to the respondent”.
8. It is not disputed that notice was not issued, and straightaway, the transfer
case was allowed and the divorce suit was ordered to be transferred.
9. The appellant, thereafter, applied for recall of the above order and in the
application, took a specific ground that the transfer order has been passed without
giving notice or opportunity of hearing to him and that it is in violation of the
statutory provisions of Section 24 of the CPC but this aspect was not dealt with by
the High Court while rejecting the recall application.
10. In the above facts and circumstances, since principles of natural justice
were not followed while passing the order impugned for transferring the case, we
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are of the opinion that the same is liable to be set aside.
11. At this stage, learned counsel for both the parties submit that let the case be
transferred to a neutral place like Chandigarh which is convenient for both of them.
12. In view of the facts and circumstances, we consider it to be a fit case for
exercise of powers under Article 142 of the Constitution of India.
13. Therefore, while allowing the appeals, we direct that the divorce case
bearing DMC-735-2022, pending before the Court at Nawanshahr, District
Shaheed Bhagat Singh Nagar be transferred to the Court of competent jurisdiction
at Chandigarh.
14. Ordered accordingly.
15. Accordingly, the appeals are allowed. Pending application(s), if any, shall
stand disposed of.
…………………………………………..J.
(PANKAJ MITHAL)
…………………………………………..J.
( AHSANUDDIN AMANULLAH)
NEW DELHI
28th JANUARY, 2025
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CA NOS.1143 – 1144 OF 2025
ITEM NO.21 COURT NO.16 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 5223-5224/2023
[Arising out of impugned final judgment and order dated 29-11-2022
in TA No. 1457/2022 04-01-2023 in CM No. 18409/2022 passed by the
High Court of Punjab & Haryana at Chandigarh]
GURSAGAR SINGH PETITIONER(S)
VERSUS
GURMEET KAUR RESPONDENT(S)
(IA No. 54248/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT IA No. 54250/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES IA No. 54249/2023 – PERMISSION TO FILE
LENGTHY LIST OF DATES)
Date : 28-01-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE PANKAJ MITHAL
HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAHFor Petitioner(s) Mr. Abhimanue Shrestha, AOR
Ms. Shumaila Altaf, Adv.
Mr. Sakib Altaf, Adv.
For Respondent(s) Ms. Jaspreet Gogia, AOR
Mr. Vipin Gogia, Adv.
Mr. Karanvir Gogia, Adv.
Ms. Varnika Gupta, Adv.
Mr. Aditya Goyal, Adv.
UPON hearing the counsel the court made the following
O R D E R
1. Leave granted.
2. The appeals are allowed in terms of the signed order. Pending
application(s), if any, shall stand disposed of.
(Ram Subhag Singh) (Geeta Ahuja)
Assistant Registrar Assistant Registrar-cum-PS
(Signed Order is placed on the file)
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