Supreme Court – Daily Orders
Nimisha Rohit Bajpai @ Nimisha Akhilesh … vs Rohit Bajpai on 3 January, 2025
Bench: J.K. Maheshwari, Rajesh Bindal
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1745 OF 2024
NIMISHA ROHIT BAJPAI @
NIMISHA AKHILESH MISHRA Petitioner(s)
VERSUS
ROHIT BAJPAI Respondent(s)
O R D E R
1) The present petition has been filed by the
petitioner (wife) seeking transfer of Marriage
Petition No.A-149/2024 titled as Rohit Bajpai v.
Nimisha Rohit Bajpai @ Nimisha Akhilesh Mishra filed
by the respondent (husband) under Section 13(1)(ia)
of the Hindu Marriage Act, 1955 from Family Court,
Thane, Maharashtra to Court of Principal Judge,
Family Court, Mirzapur, Uttar Pradesh.
2) As per order dated 25.09.2024, by mutual
consent, the parties were relegated to take recourse
to mediation before the Supreme Court Mediation
Centre. As per the report dated 10.12.2024 received
Signature Not Verified
Digitally signed by
NIDHI AHUJA
from the Mediation Centre, mediation between the
Date: 2025.01.18
10:33:41 IST
Reason:
parties remained unsuccessful.
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TRANSFER PETITION (CIVIL) NO. 1745 OF 2024
3) Learned senior counsel appearing for the
respondent has consented for transfer but to
Varanasi, inter alia, stating that three other cases
which are pending at Mirzapur may also be
transferred to Varanasi where the parental house of
the wife is situated, which fact is controverted by
the learned counsel appearing for the petitioner
(wife). It is further contended that the respondent
is a pilot and Varanasi would be convenient for him
to attend the proceedings which may not cause any
delay.
4) Having considered the submissions of the
learned counsels for the parties and in view of the
foregoing, in our view also, looking to the
educational qualification of the petitioner (wife)
and other attending facts and circumstances as
placed before us, we deem it appropriate to transfer
Marriage Petition No.A-149/2024 titled as Rohit
Bajpai v. Nimisha Rohit Bajpai @ Nimisha Akhilesh
Mishra filed by the respondent (husband) under
Section 13(1)(ia) of the Hindu Marriage Act, 1955 to
Varanasi in place of Mirzapur. We further direct
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TRANSFER PETITION (CIVIL) NO. 1745 OF 2024
that (i) Case No. 138/2024 under Section 125 of the
Code of Criminal Procedure, 1973 pending before
Family Court, Mirzapur, Uttar Pradesh (ii) Case No.
489/2024 under Sections 498A, 323, 504 and 506 of
the Indian Penal Code, 1860, and Section 3/4 of
Dowry Prohibition Act, 1961 pending before the Court
of Additional Civil Judge, Junior Division, CAW,
Mirzapur, Uttar Pradesh and (iii) Case No. 84/2024
under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 pending before the Court
of Additional Chief Judicial Magistrate, ACJMI,
Mirzapur, Uttar Pradesh be also transferred to
Varanasi Court.
5) We request the District Judge, Varanasi to
assign these matters to competent Court, and if
possible, to one Court with a note that if it is not
inconvenient to the parties, one date may be fixed
in all the cases. The parties may be allowed to
appear through virtual mode on ineffective dates of
hearing so that the proceedings between the parties
may not be delayed. Evidence may also be recorded
through video conferencing, if possible.
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TRANSFER PETITION (CIVIL) NO. 1745 OF 2024
6) With the aforesaid observations, the Transfer
Petition stands disposed of. Pending
application(s), if any, shall stand disposed of.
……………………………………………………., J.
[ J.K. MAHESHWARI ]
……………………………………………………., J.
[ RAJESH BINDAL ]
New Delhi;
January 03, 2025.
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TRANSFER PETITION (CIVIL) NO. 1745 OF 2024
ITEM NO.2 COURT NO.7 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 (Civil) No. 1745/2024
NIMISHA ROHIT BAJPAI @ NIMISHA AKHILESH MISHRA Petitioner(s)
VERSUS
ROHIT BAJPAI Respondent(s)
[ MEDIATION REPORT RECEIVED ]
(IA No. 194478/2024 – EXEMPTION FROM FILING O.T. and IA No.
146749/2024 – STAY APPLICATION)
Date : 03-01-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.K. MAHESHWARI
HON’BLE MR. JUSTICE RAJESH BINDALFor Petitioner(s)
Mr. Deepak Singh Thakur, Adv.
Ms. Komal Verma, Adv.
Ms. Anwesha Saha, AOR
For Respondent(s)
Mr. Vinay Navare, Sr. Adv.
Ms. Rashmi Singhania, AORUPON hearing the counsel the Court made the following
O R D E R
1) The transfer petition stands disposed of in terms of
the signed order. Pending application(s), if any, shall
stand disposed of.
(NIDHI AHUJA) (NAND KISHOR)
AR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file.]
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