Supreme Court - Daily Orders
Varanasi Laxmi Sujata vs Mangu Venkatachala Ravi Parthasarathi on 27 March, 2023
Bench: Surya Kant, J.K. Maheshwari
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No.134 of 2021
VARANASI LAXMI SUJATA PETITIONER
VERSUS
MANGU VENKATACHALA RAVI PARTHASARATHI RESPONDENT
O R D E R
1. The petitioner-wife seeks transfer of Divorce Petition being F.C.O.P.No.395/2020, titled as “Mangu Venkatachala Ravi Parthasarathi Vs. Varanasi Laxmi Sujata”, filed by the respondent- husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which is pending before the Family Court, Kukatpally, District Ranga Reddy, Telangana. The petitioner-wife seeks transfer thereof to the Family Court, Sambalpur, Odisha.
2. Vide order dated 30.08.2022, the parties were directed to appear before the Supreme Court Mediation Centre on 12.10.2022, to explore the possibility of an amicable settlement of the matrimonial dispute. However, as per the Mediation Report dated 13.10.2022, the parties could not arrive at an amicable settlement Signature Not Verified Digitally signed by satish kumar yadav Date: 2023.03.29 and hence, the mediation is unsuccessful. 19:13:53 IST Reason:
3. Again on 28.11.2022, at the joint request of the learned counsel for the parties that one more effort may be made to explore 2 the possibility of an amicable settlement of matrimonial dispute, both the parties were directed to appear physically before the Supreme Court Mediation Centre on 15.12.2022. On that day, the respondent – husband undertook to pay a sum of Rs.25,000/- to the petitioner – wife by way of a demand draft in her favour within a period of two weeks towards mediation expenses.
4. As per the Mediation Report dated 19.01.2023, the parties again could not arrive at an amicable settlement, and hence, the mediation was unsuccessful.
5. Heard learned counsel for the parties and carefully perused the material placed on record.
6. During the course of hearing, learned counsel for the petitioner – wife submits that the respondent – husband has not paid Rs.25,000/- to the petitioner – wife as undertaken by him before this Court on 28.11.2022.
7. Taking into consideration the hardships which are likely to be faced by the petitioner-wife in contesting the case at Kukatpally, District Ranga Reddy, Telangana, we deem it appropriate to allow the instant petition.
8. The Transfer Petition is, accordingly, allowed and Divorce Petition being F.C.O.P.No.395/2020, titled as “Mangu Venkatachala Ravi Parthasarathi Vs. Varanasi Laxmi Sujata”, filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which is pending before the Family Court, Kukatpally, District Ranga Reddy, Telangana is ordered to be transferred to the Family Court, Sambalpur, Odisha. The records be forwarded to the Transferee Court forthwith. 3
9. As regard to the undertaking given by the respondent – husband before this Court on 28.11.2022 for payment of Rs.25,000/-
to the petitioner – wife towards mediation expenses, or arrears of maintenance etc., the transferee – Family Court is directed to ensure that all the due amounts are paid to the petitioner – wife before the case proceeds on merits, failing which, the necessary consequences shall follow.
10. As a result, pending interlocutory application also stands disposed of.
.........................J. (SURYA KANT) ..............…….........J. (J.K. MAHESHWARI) NEW DELHI;
MARCH 27, 2023.
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ITEM NO.2 COURT NO.9 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).134/2021 VARANASI LAXMI SUJATA Petitioner(s) VERSUS MANGU VENKATACHALA RAVI PARTHASARATHI Respondent(s) (mediation report received.
IA No.10962/2021 - EX-PARTE STAY) Date : 27-03-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Suchit Mohanty, Adv.
Mrs. Vandana Kaushal Mohanty, Adv.
Mr. Samarth Mohanty, Adv.
Mr. Rahul Pratap, AOR For Respondent(s) Mr. Subhasish Bhowmick, AOR Ms. Manisha Pandey, Adv.
Mr. Rahul Kushwaha, Adv.
Mr. John Thomas Arakal, Adv.
Ms. Mani Mala Roy, Adv.
Mr. H.k Naik, Adv.
Ms. Tanvi Singh, Adv.
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. The records be forwarded to the Transferee Court forthwith.
As a result, pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)