Supreme Court - Daily Orders
Sunita Singh vs Mayank Kumar Singh on 30 July, 2019
Bench: D.Y. Chandrachud, Indira Banerjee
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No.85 of 2019
Sunita Singh Petitioner(s)
Versus
Mayank Kumar Singh Respondent(s)
ORDER
This is a petition for transfer of the divorce proceedings instituted by the respondent under Section 13(1)(a) of the Hindu Marriage Act 1955. The petitioning wife seeks a transfer of the proceedings in HMA Petition No.157 of 2014 from the court of the Principal Judge, Family Court, Balia, Uttar Pradesh to the court of the Principal Judge, Family Court, Bhojpur, Aara, Bihar.
The petitioner has disclosed the fact that the earlier transfer petition filed by her was dismissed by this Court on 12 April 2017. However, it has been stated that, on 1 September 2018, when the petitioner went to Balia to attend the proceedings, she was physically and verbally assaulted by the brothers of the husband which led to the filing of a complaint.
The respondent has appeared in pursuance of the notice issued by this Court on 23 January 2019.
Having regard to the facts and circumstances of the case, we deem Signature Not Verified it appropriate and proper to transfer the aforesaid case from the court of the Digitally signed by SANJAY KUMAR Date: 2019.07.31 17:59:33 IST Reason: Principal Judge, Family Court, Balia, Uttar Pradesh to the court of the Principal Judge, Family Court, Bhojpur, Aara, Bihar.
Accordingly, the transfer petition is allowed. 2 The transferor court shall forthwith transmit the record of the aforesaid case to the transferee court.
After transfer of the petition, the transferee Court is directed to make all endeavour either for amicable settlement or for early decision in the matter without unnecessary adjournments.
…………...…...….......………………........J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [Indira Banerjee] New Delhi;
July 30, 2019
3
ITEM NO.24 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). 85/2019
SUNITA SINGH Petitioner(s)
VERSUS
MAYANK KUMAR SINGH Respondent(s)
(WITH IA No.6658/2019-EX-PARTE STAY, IA No. 61889/2019 - EXEMPTION FROM FILING O.T.) Date : 30-07-2019 This petition was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. Smarhar Singh, AOR Mr. Binay Kumar, Adv.
Mr. Ashutosh Thakur, Adv.
For Respondent(s) Mr. Ram Ekbal Roy, Adv.
Mr. Naveen Chaudhary, Adv. Mr. Nandan K. Jha, Adv.
Mr. Binay Kumar Das, AOR 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.
Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file)