Supreme Court – Daily Orders
Nigam Alias Rina Shivendra Singh vs Shivendra Pratap Singh on 20 February, 2025
Author: Surya Kant
Bench: Surya Kant
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1623 OF 2024
NIGAM ALIAS RINA SHIVENDRA PETITIONER(S)
SINGH
VERSUS
SHIVENDRA PRATAP SINGH RESPONDENT(S)
O R D E R
1. The petitioner-wife seeks transfer of P.A. No. 968 of 2018,
which is a petition filed by the respondent-husband under Section
13(1)(i-a) of the Hindu Marriage Act, 1955. The above-stated
petition is pending before the Principal Judge, Family Court, Pune,
Maharashtra and the petitioner-wife seeks transfer thereof to the
Court of Principal Judge, Family Court, Gorakhpur, Uttar Pradesh.
2. The marriage between the parties was solemnized on 24.02.2016.
It seems that due to marital discord, they are living separately
since 2017. Thereafter, the petitioner-wife has initiated some
criminal proceedings against the respondent-husband and his family
members under Sections 498-A, 313, 34, 507 and 323 IPC, besides a
separate complaint under the Domestic Violence Act, 2005.
3. The respondent-husband, on the other hand, has filed the
subject petition seeking decree of divorce.
4. The petitioner seeks transfer of the above-stated case on the
ground that she has no independent source of income and she is
staying with her parents in Gorakhpur (Uttar Pradesh) which is
about 1700 kms from Pune where case has been filed.
Signature Not Verified
Digitally signed by
5.
NITIN TALREJA
Date: 2025.03.04
16:53:15 IST
The respondent-husband took a plea that there is an apartment
Reason:
owned by him in Pune, which is physically occupied by the
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petitioner-wife and thus she can conveniently defend herself in the
proceedings initiated at Pune. The counsel for the petitioner was
consequently asked to have instructions whether the petitioner is
in a position to contest the matrimonial proceedings at Pune. In
response, he submits that the petitioner will not be able to stay
all alone in Pune as she has no independent source of livelihood
and her family members were not in a position to shift along with
her.
6. That being so and without expressing any opinion on the
merits, P.A. No. 968 of 2018, titled “Shivendra Pratap Singh vs.
Mrs. Nigam @ Rina Shivendra Singh”, pending before the Principal
Judge, Family Court, Pune, Maharashtra is ordered to be transferred
to the Court of Principal Judge, Family Court, Gorakhpur, Uttar
Pradesh, where two cases initiated by the petitioner-wife are
already pending. The records be transferred to the transferee
court.
7. The respondent-husband may seek exemption from personal
appearance and the Family Court may permit him to join proceedings
through video-conferencing, if such facility is available in the
transferee court.
8. The Transfer Petition is accordingly allowed.
……………………..J.
(SURYA KANT)
……………………..J.
(NONGMEIKAPAM KOTISWAR SINGH)
NEW DELHI;
FEBRUARY 20, 2025.
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ITEM NO.2 COURT NO.3 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s). 1623/2024
NIGAM ALIAS RINA SHIVENDRA SINGH Petitioner(s)
VERSUS
SHIVENDRA PRATAP SINGH Respondent(s)
(IA No. 125960/2024 – EX-PARTE STAY)
Date : 20-02-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
For Petitioner(s) :
Mr. P.S. Rana, Adv.
Mr. Abhinav S. Raghuvanshi, AOR
Mr. Harshit Aggarwal, Adv.
Ms. Muskan Gupta, Adv.
Mr. Manjeet Sharma, Adv.
Mr. Kunwar Tyagi, Adv.
Mr. Omar Simon, Adv.
For Respondent(s) :
M/S. Ranjan And Company, AOR
Mr. Rajeev Kumar Ranjan, Adv.
Mr. C.P. Singh, Adv.
Ms. Priya Kashyap, Adv.
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 stands closed.
(NITIN TALREJA) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)
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