Supreme Court - Daily Orders
Suman Sankar Bhunia vs Debarati Bhunia Chakraborty on 7 December, 2022
Bench: Aniruddha Bose, Sudhanshu Dhulia
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IN THE SUPREME COURT OF INDIA
CIVIL/CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CIVIL) NO(S). 825-826/2022
SUMAN SANKAR BHUNIA PETITIONER(S)
VERSUS
DEBARATI BHUNIA CHAKRABORTY RESPONDENT(S)
WITH
TRANSFER PETITION(S)(CRIMINAL) NO(S). 279-280/2022
O R D E R
Heard learned counsel for the petitioner and the respondent. There are several ongoing cases between the parties primarily arising out of their matrimonial dispute. On 25.06.2021, this Court had directed transfer of Case Nos.147/2019 and 148/2019 pending in the District Court at Barasat, North-24 Parganas to the Family Court, Patiala House, New Delhi and also of MR No.939/2019 pending in Judicial Magistrate, 2nd Court, Siliguri to the same Court. The latter proceeding is a maintenance petition instituted by the respondent wife. The first two cases were initially filed in the Court of Additional District Judge, Siliguri by the petitioner (husband) and were later transferred to the District Court at Barasat by the direction of the High Court at Calcutta. The said two cases were then directed to be transferred to the Family Court, Patiala House, New Delhi by this Court at the instance of the wife. Signature Not Verified Digitally signed by NIRMALA NEGI Date: 2022.12.15 17:26:42 IST The first two cases pertain to custody of the two children of Reason: the parties and these are registered as Guardianship Petitions GP 2 Nos.22/2021 and 23/2021 (subject-cases), whereas the Maintenance Case No.939/2019 has been registered as Maintenance Petition Mt.No.126/2021 in Family Court, Patiala House, New Delhi on transfer. Certain criminal cases, however, were directed to be continued in the place of their institution i.e. Siliguri, West Bengal. The petitioner (husband) now wants the custody cases to be transferred back to Siliguri on the ground that the respondent (wife) has instituted a divorce proceeding, registered as Matrimonial Suit No.410/2021 before the Additional District Judge (1st Court) at Siliguri, West Bengal.
In our opinion, filing of fresh divorce case by the wife in Siliguri cannot be a ground for re-transfer of the subject-cases in respect of which the Transfer Petition (Civil) Nos.825-826/2022 have been instituted. We are, however, also of the opinion that it would subserve the ends of justice in the event the Matrimonial Suit No.410/2021 instituted in Siliguri, West Bengal is also transferred to the Family Court, Patiala House, New Delhi. When we enquired from the learned counsel for the respondent-wife as to why the aforesaid suit was instituted in Siliguri, we were apprised that she was advised that the competent Court at Siliguri was the only forum in which the said suit could be instituted. As all the civil suits along with maintenance petition arising out of matrimonial disputes between the parties are pending in the Family Court, Patiala House, New Delhi, we are of the view that it would be expedient for the ends of justice if the divorce proceeding is 3 also transferred to the said Court. Learned counsel appearing for the wife has not seriously objected to such transfer. In these circumstances, we choose to exercise our jurisdiction under Article 142 of the Constitution of India and direct that Matrimonial Suit No.410/2021 pending in the Court of Additional District Judge, Siliguri, West Bengal be transferred to the Family Court, Patiala House, New Delhi.
The records of the said proceedings shall be sent expeditiously to the Family Court, Patiala House, New Delhi and the said Court shall hear out the case from the stage at which it is transferred to it. We simultaneously reject the plea for transfer of GP 22/2021 and GP 23/2021 as prayed for in the present transfer petitions.
On behalf of the wife, it was urged that she wanted leave of this Court to apply for passport and visa for her children. But in these proceedings, we are not adjudicating on that aspect. It shall be open to the respondent (wife) to approach the Family Court, Patiala House, New Delhi for appropriate direction in that regard. The Transfer Petitions stand disposed of accordingly. Pending application(s), if any, shall also stand disposed of. There shall be no order as to costs.
TRANSFER PETITION(S)(CRIMINAL) NO(S). 279-280/2022 In view of the order passed in Transfer Petition(C)Nos.825- 826/2022 and on the reasoning given therein, no order is required 4 to be passed in these petitions. The same are also disposed of. Pending application(s), if any, shall stand disposed of. There shall be no order as to costs.
...................J. [ANIRUDDHA BOSE] ...................J. [SUDHANSHU DHULIA] New Delhi;
December 07, 2022.
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ITEM NO.28 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). 825-826/2022
SUMAN SANKAR BHUNIA PETITIONER(S)
VERSUS
DEBARATI BHUNIA CHAKRABORTY RESPONDENT(S)
(IA No.55056/2022-EX-PARTE STAY , IA No. 130640/2022 –
CLARIFICATION/DIRECTION, IA No. 130353/2022 - EX-PARTE STAY ) WITH T.P.(Crl.) No. 279-280/2022 (XVI-A) (IA No.56977/2022-EX-PARTE STAY) Date : 07-12-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Shadan Farasat, AOR Mr. Shourya Dasgupta, Adv Ms. Mriganka Kukreja, Adv Ms. Hrishika Jain, Adv Mr. Aman Naqvi, Adv Mr. Dhruv Bhatnagar, Adv For Respondent(s) Ms. Chitrangda Rastravara, Adv Mr. Dashrath Singh, Adv Mr. Manvendra Singh, Adv Mr. Abhijeet Singh, Adv Mr. Aishwary Mishra, Adv Mr. Aditya Pratap Singh Chauhan, Adv Mr. Gp. Capt. Karan Singh Bhati, AOR UPON hearing the counsel the Court made the following O R D E R The transfer petitions are disposed of in terms of the signed order, which is placed on the file.
Pending application(s), if any, shall also stand disposed of.
(NIRMALA NEGI) (VIDYA NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR