Supreme Court - Daily Orders
Laxmi Gupta vs Prabhuram on 8 April, 2024
Bench: A.S. Bopanna, Sudhanshu Dhulia
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No(s). 1153/2023
LAXMI GUPTA Petitioner(s)
VERSUS
PRABHURAM Respondent(s)
WITH
T.P.(Crl.) No. 341/2023 (II-B)
O R D E R
The petitioner is before this Court seeking transfer of proceedings bearing O.P. No. 1643 of 2019, titled as “PRABHURAM VS LAXMI GUPTA” pending before the Family Court at Attingal, District- Thiruvananthapuram and proceedings bearing M.C. No.78 of 2019 titled as “LAXMI GUPTA VS PRABHURAM AND ORS.” pending before the Court of Judicial Magistrate First Class Varkala, District- Thiruvananthapuram, Kerala to the Family Court/ Metropolitan Magistrate Court at Bandra, Mumbai.
Heard the learned counsel for the petitioner and perused the petition papers.
Despite service of notice, the respondents have not chosen to appear and have their say in these petitions. Signature Not Verified Digitally signed by Nisha Khulbey
In that light, taking into consideration the grounds Date: 2024.04.10 16:55:35 IST Reason: taken in the transfer petition to seek transfer, we 2 direct the transfer of proceedings bearing;
a. O.P. No. 1643 of 2019, titled as “PRABHURAM VS LAXMI GUPTA” from the Family Court at Attingal, District- Thiruvananthapuram to the Court of Metropolitan Magistrate Court at Bandra, Mumbai and;
b. M.C. No. 78 of 2019 titled as “LAXMI GUPTA VS PRABHURAM AND ORS.” from before the Court of Judicial Magistrate First Class Varkala, District- Thiruvananthapuram, Kerala to the Family Court, Bandra, Mumbai. Further, in the facts of the present case, we grant liberty to the respondents to make an appropriate application before the transferee Court to permit the respondents 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 respondents and insist on the personal presence only when it becomes absolutely necessary.
In the process, if examination of the witnesses from outstation becomes necessary, if such examination is sought through Commission/ virtual mode, the Transferee Court shall consider the same.
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Accordingly, the Transfer Petitions are allowed. The records of the case be transferred to the Transferee Court forthwith.
Pending application(s), if any, shall stand disposed of.
...................J. (A.S. BOPANNA) ...................J. (SUDHANSHU DHULIA) New Delhi 08th April, 2024 4 ITEM NO.1 COURT NO.6 SECTION XI-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). 1153/2023 LAXMI GUPTA Petitioner(s) VERSUS PRABHURAM Respondent(s) (IA No. 89705/2023 - EX-PARTE STAY) WITH T.P.(Crl.) No. 341/2023 (II-B) (IA No. 96294/2023 - EX-PARTE STAY) Date : 08-04-2024 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. K.N. Bhagavan, Adv.
Mr. Saurabh Bhargavan, Adv. Ms. Chinju Saurabh, Adv.
Mr. Nikhil S. Nair, Adv.
Mr. Christopher Panengad, Adv. Mr. Dhiraj Abraham Philip, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitions are 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)