(Surya Kant, J.)
Transfer Petition (Civil) No. 875 of 2018, decided on July 22, 2021
Dr. Neha Chauhan __________________________________ Petitioner;
v.
Himanshu Pokhariya and Another __________________ Respondent(s).
With
Transfer Petition (Civil) Nos. 1735-1736 of 2018
And
Transfer Petition (Criminal) No. 542 of 2018
Transfer Petition (Civil) No. 875 of 2018; Transfer Petition (Civil) Nos. 1735-1736 of 2018; and Transfer Petition (Criminal) No. 542 of 2018
The Order of the court was delivered by
Surya Kant, J.
TRANSFER PETITION (CIVIL) NO. 875 OF 2018
1. This Transfer Petition has been filed by the Petitioner-wife seeking transfer of proceedings in Original Suit No. 2 of 2018 titled as “Himanshu Pokhariya v. Dr. Neha Chauhan” filed under Sections 7, 10 and 25 of the Guardians and Wards Act pending before the Family Court, Bareilly, Uttar Pradesh.
2. The petitioner, who is the mother of the child, is a doctor by profession and she works at Bengaluru (Karnataka). The girl child is presently in custody of her father, namely, respondent no. 1 and is staying at Bareilly, Uttar Pradesh along with her father and grandparents.
3. The girl child was born in the year 2014 and is now seven years old. Taking into consideration various factors including the inconvenience likely to be caused to the child, in case she is called for interaction by the Family Court and after hearing both sides, I am of the considered view that it will be in the interest of justice and equity to transfer the above-said custody proceedings from the Family Court, Bareilly, Uttar Pradesh to the Principal Judge, Family Court at South-East District, Saket (New Delhi).
4. The Original Records of the case shall be transferred to the Transferee Court forthwith.
5. The Family Court at Saket shall firstly decide the question of interim custody of the girl child. While deciding so, the Court shall keep in mind all the settled principles including the growing age and needs of the child, her future prospects, the quality of education which she would get at Bareilly or at Bengaluru, as well as her emotional preferences. In any case, the Family Court shall keep in mind that the girl child deserves the company of both parents and, therefore, the arrangements to be made shall be in such a manner that the child is not deprived of the company of her father as well as mother.
6. The question of interim custody shall be decided by the transferee court within a period of three months from the date of first appearance of the parties.
7. It is made clear that this Court has not expressed any opinion on merits of the case.
8. The Transfer Petition is, accordingly, allowed. Pending application(s), if any, shall stand disposed of.
TRANSFER PETITION (CRIMINAL) NO. 542 OF 2018
9. The instant Transfer Petition has been filed by the petitioner-husband seeking transfer of the proceedings under Section 12 of the Domestic Violence Act in Criminal Misc. Petition No. 19/2018 titled as “Dr. Neha Chauhan v. Himanshu Pokharia” pending before the 1st Metropolitan Magistrate, Traffic Court, Mayo Hall, Bengaluru, Karnataka, to a Court of competent jurisdiction at Bareilly (Uttar Pradesh).
10. After hearing learned counsel for the parties, I do not find any valid ground to transfer the above-stated proceedings.
11. However, the Petitioner-husband shall be at liberty to request the Court to allow him to appear through video conferencing as and when his physical presence is not required.
12. The Transfer Petition is, accordingly, dismissed.
13. Pending application(s), if any, shall stand disposed of.
TRANSFER PETITION (CIVIL) NOS. 1735-1736/2018
14. The petitioner-husband seeks transfer of the Divorce Petition M.C. No. 304/2018 titled as “Dr. Neha Chauhan v. Himanshu Pokharia” pending before the Court of Principal Judge, Family Court at Bengaluru to a court of competent jurisdiction at Bareilly (Uttar Pradesh).
15. Having heard learned counsel for the parties, I do not find any ground to transfer the above-stated Divorce Petition out of Bengaluru.
16. However, it appears from the peculiar facts and circumstances that the Family Court at Bengaluru shall make efforts through mediation for an amicable solution of the matrimonial dispute. The Court shall do so before it proceeds on the merits of the case.
17. The Transfer Petitions are, accordingly, dismissed.
18. Pending application(s), if any, shall stand disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Transfer Petition (Civil) No. 875/2018
Neha Chauhan.….Petitioner(s)
v.
Himanshu Pokhariya & Anr.….Respondent(s)
WITH
T.P.(C) No. 1735-1736/2018 (XVI-A)
AND
T.P.(Crl.) No. 542/2018 (XVI-A)
Date: 22-07-2021 These matters were called on for hearing today.
(Before Surya Kant, J.)
For Petitioner(s) Ms. Anitha Shenoy, Sr. Adv.
Ms. Sanjana Thomas, Adv.
Ms. Aarti Krupa Kumar, Adv. Mr. Chandratanay Chaube, Adv.
Ms. Srishti Agnihotri, AOR
Ms. Madhusmita Bora, AOR
For Respondent(s)
Ms. Srishti Agnihotri, AOR
UPON hearing the counsel the Court made the following
ORDER
19. The Court is convened through Video Conferencing.
TRANSFER PETITION (CIVIL) NO. 875/2018:
20. Transfer Petition is allowed in terms of the signed order.
TRANSFER PETITION (CIVIL) NOS. 1735-1736/2018 AND TRANSFER PETITION (CRIMINAL) No. 542/2018
21. Transfer Petitions are dismissed in terms of the signed order.
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