Sandhya Kumari vs Guddu Raj on 21 May, 2020

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Supreme Court - Daily Orders

Sandhya Kumari vs Guddu Raj on 21 May, 2020

Bench: Hrishikesh Roy

                                                           1

                                         IN THE SUPREME COURT OF INDIA

                                            CIVIL ORIGINAL JURISDICTION

                                  TRANSFER PETITION (CIVIL) NO.1414 OF 2019


     Sandhya Kumari                                                           … Petitioner

                                                         Versus

     Guddu Raj                                                                … Respondent



                                                     O R D E R

This petition has been filed by the petitioner (wife) under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of Petition bearing No.838 of 2019 titled as Guddu Raj vs. Sandhya pending before the Family Court, Ghaziabad, Uttar Pradesh to a court of competent and equivalent jurisdiction at Godda, Jharkhand.

Heard Mr. Anurag Pandey, learned counsel for the petitioner. Also heard Mr. Sudhansu Kumar Choudhary, learned counsel appearing for the respondent (husband).

Mr. Pandey, learned counsel for the petitioner submits that the petitioner is currently residing at Godda, Jharkhand and is taking care of her minor daughter. Besides the petitioner has also filed maintenance petition as also a criminal case, which are pending before the courts in Jharkhand.

The respondent has not filed any counter affidavit. Mr. Choudhary, learned counsel for the respondent however submits that Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2020.05.21 if 17:14:04 IST Reason: Mediation is attempted, an amicable resolution of the matrimonial dispute is possible.

Considering the above submission as also the pleadings on record, I deem it fit and proper to allow the transfer petition. However, before adjudicating the case on merit, the transferee court should facilitate the parties to attempt Mediation for amicable settlement.

Accordingly, the Petition No.838 of 2019 titled as Guddu Raj vs. Sandhya pending before the Family Court, Ghaziabad, Uttar Pradesh is transferred to a court of competent jurisdiction at Godda, Jharkhand.

Let the records of the case be transferred to the concerned court without delay.

The Transfer Petition is, accordingly, allowed.

……………………………………………,J.

(Hrishikesh Roy) New Delhi;

May 21, 2020
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ITEM NO.5            VC NO. 08                              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).    1414/2019

SANDHYA KUMARI                                          Petitioner(s)

                                   VERSUS

GUDDU RAJ                                               Respondent(s)

(FOR ADMISSION and I.R. and IA No.107928/2019-EX-PARTE STAY ) Date : 21-05-2020 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mrs. Sudhanshu Kr. Choudhary, Adv.

Mr. Anurag Pandey, AOR For Respondent(s) Mr. Vishal Arun, AOR UPON hearing the counsel the Court made the following O R D E R The Court is convened through video conferencing. The transfer petitioner is allowed in terms of the signed order.

Pending application(s), if any, stands disposed of accordingly.

(ASHWANI KUMAR) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)

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