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Shabnam Kumari vs Ashish Ranjan on 28 November, 2022

Bench: A.S. Bopanna, S. Ravindra Bhat

                                                          1

                                        IN THE SUPREME COURT OF INDIA
                                        CIVIL ORIGINAL JURISDICTION


                               Transfer Petition(s)(Civil)        No(s).   1339/2022


     SMT.SHABNAM KUMARI                                                          Petitioner(s)


                                                        VERSUS


     SHRI ASHISH RANJAN                                                          Respondent(s)


                                                    O R D E R

1. The petitioner is before this Court seeking transfer of Original (Matrimonial) Suit No. 552/2021 titled as “Ashish Ranjan vs Shabnam Kumari” filed by the respondent from the Court of the Principal Judge, Family Court, Bokaro, Jharkhand to the Family court, Nalanda District, Bihar.

2. Heard the learned counsel for the parties and perused the petition papers.

3. In that light, taking into consideration the grounds taken in the transfer petition to seek transfer, we direct the transfer of Original (Matrimonial) Suit No. 552/2021 titled as “Ashish Ranjan vs Shabnam Kumari” from the Court of the Principal Judge, Family Court, Bokaro, Jharkhand to the Family Signature Not Verified court, Nalanda District, Bihar.

Nisha Khulbey Date: 2022.11.29 17:46:17 IST Reason:

4. Needless to mention, if the parties seek for referring the matter to Mediation to explore the possibility of settlement of  2 their matrimonial disputes, the Transferee Court, before taking up the petition for consideration on merits, shall take steps in that regard and refer the matters for mediation for an amicable settlement and shall take up the matter on merits only if the mediation fails.

5. Further, in the facts of the present case, we grant liberty to the respondent to make an appropriate application before the transferee Court to permit the respondent to take part in proceedings through virtual mode. If such request is made, the transferee Court shall take note of the same and permit the respondent and insist on the personal presence only when it becomes absolutely necessary.

6. Accordingly, the Transfer Petition is allowed.

7. The records of the case be transferred to the Transferee Court forthwith.

8. Pending application(s), if any, shall stand disposed of.

...................J. ( A.S. BOPANNA) ...................J. (S. RAVINDRA BHAT) New Delhi 28th November, 2022  3 ITEM NO.7 COURT NO.13 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). 1339/2022 SMT.SHABNAM KUMARI Petitioner(s) VERSUS SHRI ASHISH RANJAN Respondent(s) (IA No. 85538/2022 - EX-PARTE STAY) Date : 28-11-2022 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Ms. Amrita Singh, AOR For Respondent(s) Ms. Rhea Luthra, Adv.

Mr. Abhisth Kumar, 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(s), if any, shall stand disposed of.

     (NISHA KHULBEY)                             (DIPTI KHURANA)
SENIOR PERSONAL ASSISTANT                     ASSISTANT REGISTRAR

(signed order is placed on the file)