Supreme Court of India (Division Bench (DB)- Two Judge)

Transfer Petition (Civil), 1172 of 2015, Judgment Date: Aug 17, 2016


                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                         CIVIL ORIGINAL JURISDICTION

                   TRANSFER PETITION (C) NO. 1172 OF 2015


    AKTA JUNEJA                                          PETITIONER

                                VERSUS

    SANJEEV KUMAR JUNEJA                                RESPONDENT


                            J U D G M E N T

      KURIAN, J.

1.    This is a transfer  petition  filed  under  section   25  of  CPC  for
transfer of HMA No.268/2015 titled Sanjeev  Kumar  Juneja  Vs.  Akta  Juneja
from the Court of DJFC, Gurgaon, Haryana to the Family Court, Saket, Delhi.

2.    Both parties are present today.

3.    The respondent  –husband  fairly  submits  that  he  is  not  actually
against the transfer  but  he  is  aggrieved  by  the  allegations  levelled
against him in the petition which are  wholly  baseless.   He  also  submits
that the petitioner is not cooperating with the visitation rights  given  to
the respondent for the child `Shubhan’.

4.    The petitioner submits that she has no objection  if  the  respondent-
father takes the child as per the order of the Court  on  every  Sunday  for
three hours.  She is only worried that  the  child  is  not  getting  proper
attention.

                                    - 2 -

5.    The respondent-father assures that he will take  proper  care  of  the
child.  Therefore, while allowing this transfer petition, it is  made  clear
that petitioner shall cooperate with the order for taking  the  minor  child
every Sunday for three hours.  The respondent, in turn, shall   ensure  that
he would take the child from the  residence  of  the  petitioner  and  after
three hours he will drop back the child at the residence of the  petitioner.
 He also assures that he will always be in the company of the child.

6.    The Transfer Petition is disposed of with the above observations.

                                                       ...................J.
                                                         [KURIAN JOSEPH]

                                                        ..................J.
                                                     [SHIVA KIRTI SINGH]
 NEW DELHI;
 AUGUST 17, 2016