Supreme Court - Daily Orders
Tulika Lath vs Sanket Chaudhary on 14 November, 2022
Bench: A.S. Bopanna, Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 1191 OF 2022
TULIKA LATH PETITIONER(S)
VERSUS
SANKET CHAUDHARY RESPONDENT(S)
O R D E R
The petitioner-wife has filed the petition under Section 25 of the Code of Civil Procedure, 1908 before this Court seeking transfer of Petition bearing HMA No. 1551/2021 titled “Sanket Chaudhary Vs. Tulika Lath” pending before the Principal Judge, Family Court, Gurugram, Haryana to the Principal Judge, Family Court, Serampore, Hooghly District, West Bengal.
Having heard learned counsel for the parties and taking into consideration the grounds taken in the transfer petition, we direct the transfer of Petition bearing HMA No. 1551/2021 titled “Sanket Chaudhary Vs. Tulika Lath” pending before the Principal Judge, Family Court, Gurugram, Haryana to the Principal Judge, Family Court, Serampore, Hooghly District, West Bengal.
Let the record of the case be transferred without delay. Signature Not Verified Learned counsel for the respondent requests that the case Digitally signed by Rajni Mukhi Date: 2022.11.16 which is transferred herein and the other collateral matters 17:02:44 IST Reason:
1
T.P.(C) NO.1191 OF 2022 pending between the parties at Hooghly, West Bengal be considered by the trial court on the same date so that it would be convenient for the respondent to travel/appear. In that regard, we leave it open to the respondent to make an appropriate request before the trial court and the trial court shall consider such request and as far as possible list all the cases on the same date if clubbing is not possible. Further the Transferee Court shall consider expeditious disposal of the petition filed by the respondent. That apart liberty is reserved to the petitioner to make an appropriate application before the transferee court seeking exemption to appear personally and to join through Video Conference. If such application is made, the Court shall consider the same in accordance with law and insist on physical presence only when it becomes absolutely necessary. The Transfer Petition is allowed in the afore-stated terms. Pending application(s), if any, shall stand disposed of.
……………………………………………………………………J. [A.S. BOPANNA] ………………………….……………………………………………….J. [PAMIDIGHANTAM SRI NARASIMHA] NEW DELHI;
NOVEMBER 14, 2022
2
ITEM NO.50 COURT NO.13 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition (C) No. 1191/2022 TULIKA LATH Petitioner(s) VERSUS SANKET CHAUDHARY Respondent(s) (Mediation Report received (IA No. 77356/2022 - STAY APPLICATION) Date : 14-11-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Niraj Jha, Adv.
Mr. Vinod Sharma, AOR For Respondent(s) Mr. Akshat Shrivastava, AOR Mr. Satvic Mathur, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is allowed in terms of signed order.
Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file) 3