S. Ranjini vs Pankaj Kumar Chhajer on 9 October, 2023

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S. Ranjini vs Pankaj Kumar Chhajer on 9 October, 2023

Bench: B.V. Nagarathna

                                         IN THE SUPREME COURT OF INDIA

                                         CIVIL ORIGINAL JURISDICTION

                                      TRANSFER PETITION (C) NO.2168/2023


                         S. RANJINI                                        Petitioner(s)

                                                     VERSUS


                         PANKAJ KUMAR CHHAJER                              Respondent(s)


                                                   O R D E R

This is a petition filed under Section 25 of the Code of Civil Procedure, 1908 (for short “CPC”). The petitioner is the wife of the respondent.

The petitioner has filed this transfer petition seeking the following reliefs:

“a) Transfer the F.M.C. No.195 of 2023 preferred by the Respondent- Pankaj Kumar Chhajer under Section 9 of the Hindu Marriage Act, 1955, pending before the Family Court No.3 at Bikaner, Rajasthan to the Subordinate Judge Court, Alandur, Kanchipuram District, Tamil Nadu, in the interest of justice; or

b) pass such further order(s), as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice.” On perusal of the office report, it is noted that the notice issued by this Court through registered A.D. post has been returned as “refused”.

Signature Not Verified Digitally signed by Neetu Sachdeva Date: 2023.10.11

In the circumstances, the service on the respondent 11:55:57 IST Reason: is held sufficient. Since, there is no representation on contd..

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behalf of the respondent, we have heard only learned counsel for the petitioner.

Having heard learned counsel for the petitioner and on perusal of the material on record, we find that the petitioner has made out a case for transfer of the aforesaid petition. In the result, the transfer petition is allowed and F.M.C. No.195 of 2023 pending before the Family Court No.3 at Bikaner, Rajasthan is ordered to be transferred to the Subordinate Judge Court, Alandur, Kanchipuram District, Tamil Nadu.

Registry to communicate this order to the transferor court for taking steps in accordance with this order.

.......................J. ( B.V. NAGARATHNA ) ……………..……………………………………J. [UJJAL BHUYAN] NEW DELHI OCTOBER 09, 2023 ITEM NO.3 COURT NO.15 SECTION XV 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). 2168/2023 S. RANJINI Petitioner(s) VERSUS PANKAJ KUMAR CHHAJER Respondent(s) (IA No. 168901/202 3 - EX-PARTE STAY IA No. 168903/2023 - EXEMPTION FROM FILING O.T.) Date : 09-10-2023 These matters were called on for hearing today. CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Mohan Raj A, Adv.

Ms. Lakshmipriya, Adv.

Ms. Charulata Chaudhary, AOR For Respondent(s) 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 stand disposed of.

(NEETU SACHDEVA) (MALEKAR NAGARAJ) Assistant Registrar-cum-PS Court Master (NSH) (signed order is placed on the file)

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