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Supreme Court - Daily Orders

Mona Singh vs Shibendra Kumar Singh on 1 September, 2022

Bench: Aniruddha Bose, Vikram Nath

                                                         1

                                         IN THE SUPREME COURT OF INDIA
                                   CIVIL/CRIMINAL ORIGINAL JURISDICTION


                          TRANSFER PETITION(s)(Civil) No(s). 241/2021


     MONA SINGH                                                         Petitioner(s)

                                                       VERSUS

     SHIBENDRA KUMAR SINGH                                              Respondent(s)


                                                        WITH

                         TRANSFER PETITION(s)(Criminal) No(s). 71/2021


     MONA SINGH                                                         Petitioner(s)

                                            VERSUS

     SHIBENDRA KUMAR SINGH & ORS.                                       Respondent(s)


                                                 O R D E R

These petitions have been filed by the petitioner-wife seeking transfer of Execution case no. 191 of 2019 titled as “Mona singh vs. Shibendra Kumar Singh” pending before the Court of IIIrd Additional Principal Judge, Family Court, Bengaluru (Karnataka) to the Court of Principal Judge, Family Court, Samastipur (Bihar) and proceeding in CC no. 29438 of 2018 titled as “State vs. Shibendra Kumar Singh & Ors.” Signature Not Verified pending before the 30th Addl. Chief Metropolitan Magistrate’s Digitally signed by DEEPAK SINGH Date: 2022.09.29 16:20:25 IST Reason: Court Bangalore city (Karnataka) to the Court of the Chief Judicial Magistrate, Samastipur (Bihar). 2 Despite service of notice, the respondents have not appeared. Hence, averments made in the transfer petitions go unrebutted.

Having heard the learned counsel for the petitioner and on consideration of the facts and circumstances of the case, we are satisfied that it would be expedient for the ends of justice to transfer the aforesaid cases to the Principal Judge, Family Court, Samastipur (Bihar) and the Chief Judicial Magistrate, Samastipur, Bihar respectively. The records of the said proceedings shall be sent to the transferee Courts and the Courts at Samastipur, Bihar shall proceed in the matters from the stage at which the matters are transferred to the said Court.

The Transfer Petition(s) stand allowed accordingly. Pending applications, if any, shall stand disposed of. There shall be no order as to costs.

...................J. [ ANIRUDDHA BOSE] ...................J. [ VIKRAM NATH] New Delhi;

September 01, 2022.

                                  3

ITEM NO.18               COURT NO.15                   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(s)(Civil) No(s). 241/2021 MONA SINGH Petitioner(s) VERSUS SHIBENDRA KUMAR SINGH Respondent(s) IA No. 20032/2021 - STAY APPLICATION) WITH T.P.(Crl.) No. 71/2021 (XVI-A) IA No. 20239/2021 - STAY APPLICATION) Date : 01-09-2022 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Ms. Ashmita Bisarya, Adv.
Mr. Nirmal Kumar Ambastha, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Transfer Petition(s) stand allowed in terms of the signed order.
(JATINDER KAUR)                                    (VIDYA NEGI)
SENIOR PERSONAL ASSISTANT                       ASSISTANT REGISTRAR
[Signed order is placed on the file]