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Supreme Court - Daily Orders

Devyani Kamal Pratap vs Kamal Pratap on 19 July, 2023

Author: Vikram Nath

Bench: Vikram Nath

                                                                 1

                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL ORIGINAL JURISDICTION

                                   TRANSFER PETITION (CIVIL) NO.426 OF 2023


                         DEVYANI KAMAL PRATAP                                           PETITIONER(S)

                                                               VERSUS

                         KAMAL PRATAP                                                   RESPONDENT(S)


                                                          O R D E R

This transfer petition has been filed by the petitioner-wife seeking transfer of proceedings bearing Petition A. No.628 of 2021 titled “Kamal Pratap vs. Devyani Kamal Pratap” pending before the Family Court, Pune to the Family Court, Latehar, Jharkhand.

2. As per office report, service of show-cause notice is complete but, the respondent-husband has not entered appearance despite service.

3. Heard learned counsel for the petitioner and perused the material placed on record.

4. We have considered the facts of the case and grounds on which transfer has been sought. On such Signature Not Verified consideration, we are satisfied with the grounds Digitally signed by Neetu Khajuria Date: 2023.07.20 16:29:16 IST Reason: urged by the petitioner and accept the same. Therefore, proceedings being Petition A. No.628 of 2021 titled “Kamal Pratap vs. Devyani Kamal Pratap” 2 pending before the Family Court, Pune is ordered to be transferred to the Family Court, Latehar, Jharkhand.

5. The Family Court at Pune, shall send the case record to the transferee Court promptly and without any delay.

6. The transfer petition is, accordingly, allowed.

7. Pending applications are also disposed of.

.......................J. (VIKRAM NATH) .......................J. (AHSANUDDIN AMANULLAH) NEW DELHI;

JULY 19, 2023
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ITEM NO.8                 COURT NO.12                 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).    426/2023

DEVYANI KAMAL PRATAP                                   Petitioner(s)

                                  VERSUS

KAMAL PRATAP                                           Respondent(s)

(FOR ADMISSION and IA No.25596/2023-EX-PARTE STAY and IA No.25597/2023-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS) Date : 19-07-2023 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Anand Srivastava, Adv.
Mr. Aashish Srivastava, Adv. Mr. Samjyor Lepcha, Adv.
Ms. Shweta Singh Parihar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Transfer petition is allowed in terms of the signed order.
Pending applications shall stand disposed of. (NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)