Supreme Court - Daily Orders
Geminipogu Mary vs Geminipogu Babu Issac @ A. Babu on 25 February, 2025
Bench: Dipankar Datta, Rajesh Bindal
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2907/2023
GEMINIPOGU MARY Petitioner
VERSUS
GEMINIPOGU BABU ISSAC @ A. BABU Respondent
ORDER
1. Read the office report dated February 24, 2025.
2. Mediation report dated February 21, 2025 has been received from the Supreme Court Mediation Centre. As per the mediation report, mediation between the parties has failed to bring about any settlement.
3. The marriage between the petitioner and the respondent was solemnized on May 23, 2015. However, the parties have since drifted apart owing to differences arising by and between them.
4. The respondent has instituted proceedings for divorce bearing I.D.O.P. No.3 of 2023, titled “Geminipogu Babu Issac @ Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2025.03.04 17:45:34 IST A. Babu and Smt. Geminigopu Mary”. It is pending before the Reason: Principal District Judge, Gadwal Court at Gadwal in Telangana.
5. On the multiple grounds urged in this petition under 2 Section 25 of the Code of Civil Procedure, 1908, the petitioner has sought for transfer of the aforesaid proceedings to the Family Court at Borivali, Mumbai, Maharashtra.
6. We have heard the parties and perused the materials on record.
7. The petitioner is un-employed. That apart, proceedings under the Protection of Women from Domestic Violence Act, 2005 being D.V.C. Case No.238/2018 instituted by the petitioner is pending in the Court of the Additional Chief Metropolitan Magistrate, 24th Court at Borivali, Mumbai, Maharashtra.
8. Considering the fact that the petitioner is a housewife, she is likely to face inconvenience if the proceedings were continued in the court of the Principal District Judge, Gadwal Court at Gadwal in Telangana (at a distance of around 738 kms. from her present place of residence in Borivali, Mumbai). Also, the respondent has been participating in the aforesaid proceedings under the 2005 Act in the magistrate’s court at Borivali, Mumbai.
9. Having regard to all such factors, we are satisfied that interest of justice demands grant of the prayer for transfer.
10. Hence, the transfer petition is allowed. I.D.O.P. No.3 of 2023, titled “Geminipogu Babu Issac @ A. Babu and Smt. Geminigopu Mary” pending before the Principal District Judge, Gadwal Court at Gadwal, Telangana is transferred to the Family Court at Borivali, Mumbai, Maharashtra. Records of I.D.O.P. No.3 of 2023 be transferred to the transferee court immediately. 3
11. To avoid delay, the parties are directed to appear before the transferee court on March 21, 2025. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law. The trial court is directed to expedite the trial as early as possible.
12. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation, notwithstanding that mediation has failed. If the process is again unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law.
13. If the respondent is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably.
14. Pending application(s), if any, shall also stand disposed of.
…...........................J. [DIPANKAR DATTA] …...........................J. [RAJESH BINDAL] New Delhi;
FEBRUARY 25, 2025
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ITEM NO.6 COURT NO.14 SECTION XII-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). 2907/2023
GEMINIPOGU MARY Petitioner(s)
VERSUS
GEMINIPOGU BABU ISSAC @ A. BABU Respondent(s)
IA No. 223955/2023 - EX-PARTE STAY
IA No. 295408/2024 - EXEMPTION FROM FILING O.T. Date : 25-02-2025 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sravan Kumar Karanam, AOR Mr. L. Srinivasulu, Adv.
Mr. P. Santhosh Kumar, Adv.
For Respondent(s) Mr. Suresh Kumar Potturi, Adv.
Mr. Manoranjan Kumar Gupta, Adv. Mr. Mukesh 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 also stand disposed of.
(ASHA SUNDRIYAL) (SUDHIR KUMAR SHARMA)
DEPUTY REGISTRAR COURT MASTER (NSH)
[Signed order is placed on the file]