Supreme Court - Daily Orders
Shiv Kumar Hema Jain vs Shiv Kumar Kothari on 31 March, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1859 OF 2013
SHIV KUMAR HEMA JAIN Petitioner(s)
VERSUS
SHIV KUMAR KOTHARI Respondent(s)
O R D E R
This is wife’s petition seeking transfer of matrimonial
case being O.P. No. 3569 of 2013 titled "Shiv Kumar Kothari Vs.
Shiv Kumar Hema Jain" pending before the Family Court-II, Madras,
Tamil Nadu to the Family Court, Kakinada, East Godavari, Andhra
Pradesh.
2. Notice of the Transfer Petition has been served on the
respondent. In opposition to the Transfer Petition, the respondent has
filed counter affidavit.
3. We have perused the averments made in the Transfer Petition
and also the stand taken by the respondent in the counter affidavit.
4. The principal objection by the respondent is that the
witnesses are from Chennai and it will be difficult for the respondent
to summon these witnesses to Kakinada, East Godavari, Andhra Pradesh.
5. We have carefully considered the submission of the learned
counsel for the respondent. Though some inconvenience may be caused
to the respondent if the matter is transferred from Madras (Tamil
Nadu) to Kakinada, East Godavari (Andhra Pradesh), but having regard
to the fact that the petitioner is residing in Kakinada, East
Godavari, Andhra Pradesh, we are satisfied that, if the proceedings in
the above case are allowed to be continued at Madras (Tamil Nadu)
greater hardship shall be caused to the petitioner-wife.
6. We, accordingly, allow the Transfer Petition and transfer
matrimonial case being O.P. No. 3569 of 2013 titled
"Shiv Kumar Kothari Vs. Shiv Kumar Hema Jain" pending before the
Family Court-II, Madras, Tamil Nadu to the Principal Judge, Family
Court, Kakinada, East Godavari, Andhra Pradesh. The transferrer court
shall transmit the record and proceedings of the transferred case to
the transferee court without any delay.
7. The transferee court is requested to hear and decide the
transferred case as expeditiously as may be possible. The parties are
directed to co-operate with the transferee court in expeditious
disposal of the transferred case.
8. No costs.
.......................J.
( R.M. LODHA )
NEW DELHI; .......................J.
MARCH 31, 2014 ( KURIAN JOSEPH )
ITEM NO.11 COURT NO.2 SECTION XVIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION (CIVIL.) NO(s). 1859 OF 2013
SHIV KUMAR HEMA JAIN Petitioner(s)
VERSUS
SHIV KUMAR KOTHARI Respondent(s)
(With appln(s) for stay and office report ))
Date: 31/03/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE R.M. LODHA
HON’BLE MR. JUSTICE KURIAN JOSEPH
For Petitioner(s) Mr. Prabhakar Parnam, Adv.
Mr. J.N. Singh, Adv.
Mr. Venkateswara Rao Anumolu,Adv.
For Respondent(s) Mr. M.A. Chinnasamy,Adv.
Mr. S. Muthu Krishnan, Adv.
Mr. V.S. Kumar, Adv.
UPON hearing counsel the Court made the following
O R D E R
Transfer Petition is allowed in terms of the signed order.
|(Rajesh Dham) | |(Renu Diwan) | |Court Master | |Court Master |
(signed order is placed on the file)