Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Meghana Ashok vs Ambati Nihar Rakshak on 3 January, 2024

Bench: Hrishikesh Roy, Prashant Kumar Mishra

                                                                 1


                                             IN THE SUPREME COURT OF INDIA
                                               CIVIL ORIGINAL JURISDICTION


                            TRANSFER PETITION (CIVIL) Diary No(s). 16869/2023

     MEGHANA ASHOK                                                                    Petitioner(s)

                                                              VERSUS

     AMBATI NIHAR RAKSHAK                                                             Respondent(s)


                                                         O R D E R

Delay condoned.

We have heard Mr. M. Rambabu, learned counsel appearing for the petitioner (Wife). The respondent (husband) is represented by Mr. Rajender Khanna, learned counsel.

From the submissions made by the learned counsel for the parties it appears that two other proceedings are pending before the Court at Nellore, Andhra Pradesh against the respondent. The three year old daughter born to the couple is in the petitioner’s custody. The petitioner is working from home while being stationed at Nellore.

Considering the circumstances and the early stage of the divorce case where the witnesses are yet to be examined, we deem it appropriate to order transfer of the petition bearing F.C.O.P. No.997 of 2022 titled as “Ambati Nihar Rakshak vs. Signature Not Verified Meghana Ashok”, pending before the Family Court, Hyderabad, Digitally signed by Jayant Kumar Arora Date: 2024.01.06 14:05:04 IST Telangana Reason: to the Family Court at Nellore, Andhra Pradesh. It is ordered accordingly.

The court of Principal Judge, Family Court, Hyderabad, Telangana shall send the case records to the transferee Court without any delay.

After transfer of the case papers, the transferee Court is directed to make endeavour either for amicable settlement or for early decision in the matter without unnecessary adjournments.

The Transfer Petition is allowed in the aforesaid terms. Pending application(s), if any, shall stand closed.

.......................J. [ HRISHIKESH ROY ] ........................J. [ PRASHANT KUMAR MISHRA ] NEW DELHI;

JANUARY 03, 2024
                                      3


ITEM NO.1                COURT NO.6                SECTION XII-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 (CIVIL) Diary No(s). 16869/2023 MEGHANA ASHOK Petitioner(s) VERSUS AMBATI NIHAR RAKSHAK Respondent(s) IA No. 113163/2023 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 113160/2023 - STAY APPLICATION) Date : 03-01-2024 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) M/S. M. Rambabu And Co., AOR Mr. Mullapudi Rambabu, Adv. Ms. Prity Kumari, Adv.

Mr. N.eswar, Adv.

For Respondent(s) Mr. Yusuf, AOR Mr. Rajender Khanna, Adv.

Mr. Yusuf, Adv.

UPON hearing the counsel the Court made the following O R D E R Delay condoned.

The Transfer Petition is allowed in terms of the signed order.

Pending application(s), if any, stand closed.

(DEEPAK JOSHI) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed Order is placed on the File)