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Supreme Court - Daily Orders

Manjula Singh Chouhan vs Vishal Singh Chouhan on 27 November, 2018

Bench: Kurian Joseph, A.M. Khanwilkar, Hemant Gupta

                                                                              NON-REPORTABLE

                                           IN THE SUPREME COURT OF INDIA
                                           CIVIL APPELLATE JURISDICTION

                                         CIVIL APPEAL NO.11412 OF 2018
                                (ARISING OUT OF SLP (CIVIL) NO.26229 OF 2016)
                           
                 
     MANJULA SINGH CHOUHAN                                                     ..  Appellant(s)
      
                           Versus

       VISHAL SINGH CHOUHAN                                                    ..  Respondent(s)


                                               J U D G M E N T


     KURIAN, J.

                         Leave granted.

                         This   appeal   has   been   filed   against   the    Order   dated   21 st

     January, 2016 passed by the High Court of Madhya Pradesh in M.C.C.

     No.137 of 2016 declining to transfer HMA No.71 of 2016 from the

     Family Court, Indore to Family Court, Bhopal.

                         As per the submission of the appellant, two cases are already

     pending in Family Court, Bhopal, and it will be in the interests

     of both the parties to try all their cases in Bhopal.                                Learned

     counsel for the respondent however, submits that it will suit to

     the appellant only, therefore, transfer may not be permitted.                             The

     fact                remains that     the respondent      has to    travel to      Bhopal for

     conduct of other cases pending in Family Court, Bhopal.

Signature Not Verified
                         We are of the view that it will be in the interests of both
Digitally signed by
VISHAL ANAND
     the parties that all their cases be heard together by the same
Date: 2018.11.29
15:58:54 IST
Reason:



     Court.

     1
      Therefore, H.M.A. Case No.71/2016 is transferred from Family

Court, Indore to the Family Court, Bhopal.

      We direct the Family Court, Bhopal to try and dispose of all

the   cases pending   between the   parties expeditiously   preferably

within one year.

          The Civil Appeal is disposed of in the aforesaid terms.




                                        .....................J.
                                          ( KURIAN JOSEPH )      



                                             ....................J.
                                           ( A.M. KHANWILKAR )
 


                                        .....................J.
                                            ( HEMANT GUPTA )     

New Delhi,
Dated: NOVEMBER 27, 2018.            




2
ITEM NO.43                 COURT NO.3               SECTION IV-A

               S U P R E M E C O U R T O F      I N D I A
                       RECORD OF PROCEEDINGS

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO.26229 OF 2016

MANJULA SINGH CHOUHAN                                Appellant(s)

                                  VERSUS

VISHAL SINGH CHOUHAN                                 Respondent(s)

(I.A. NO.1/2016 - EXEMPTION FROM FILING O.T.)

Date : 27-11-2018 This matter was called on for hearing today.

CORAM :
          HON'BLE MR. JUSTICE KURIAN JOSEPH
          HON'BLE MR. JUSTICE A.M. KHANWILKAR
          HON'BLE MR. JUSTICE HEMANT GUPTA

For Appellant(s)    Mr. T. R. B. Sivakumar, AOR

For Respondent(s)   Mr. Ardhendumauli Kumar Prasad, AOR


          UPON hearing the counsel the Court made the following
                             O R D E R

Leave granted.

The Civil Appeal is disposed of in terms of the Signed Non-Reportable Judgment.

Pending application also stand disposed of.

(GEETA AHUJA)                                    (RENU DIWAN)
COURT MASTER (SH)                            ASSISTANT REGISTRAR

( The Signed Non-Reportable Judgment is placed on the file) 3