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Smita Srivastava vs Sandeep Gohe on 13 July, 2017

Bench: S.A. Bobde, L. Nageswara Rao

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                                          IN THE SUPREME COURT OF INDIA

                                           CIVIL ORIGINAL JURISDICTION

                                      TRANSFER PETITION (C) NO.1941 OF 2015


                         SMITA SRIVASTAVA                                        PETITIONER(S)

                                                             VERSUS

                         SANDEEP GOHE                                            RESPONDENT(S)


                                                        O R D E R

This transfer petition is filed under Section 25 of Code of Civil Procedure, 1908 seeking transfer of Case No. RCS 1037A/15 titled as “Sandeep Gohe vs. Smita Srivastava” pending in the court of Principal Family Judge at Bhopal, Madhya Pradesh to the Family Court at Kanpur, Uttar Pradesh.

We have heard learned counsel for the parties.

Having perused the records and in view of the peculiar facts and circumstances of the case, we decline to consider the transfer of the aforesaid case pending in the court of Principal Family Judge at Bhopal, Madhya Pradesh to the Family Court at Kanpur, Uttar Pradesh.

However, we consider it appropriate in the interests of justice and in view of this Court's order dated 09.03.2017 passed in T.P. (C) No.1912 of 2014, titled as “Krishna Veni Nagam vs. Harish Nagam” to direct that the trial shall be conducted and facilitated by the District Signature Not Verified Court, Bhopal, Madhya Pradesh through video conferencing.

Reason: We further direct that caution and care shall be taken by the Principal Family Judge at Bhopal, Madhya Pradesh to ensure that the witnesses be examined in place  2 where there is no possibility of outside influence being exerted on them, in case a separate room for conducting video conferencing is not available.

With the aforesaid directions, this transfer petition stands disposed of.

......................J. [S.A. BOBDE] ......................J. [L. NAGESWARA RAO] NEW DELHI, JULY 13, 2017.

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ITEM NO.4                 COURT NO.8                  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).1941/2015 SMITA SRIVASTAVA Petitioner(s) VERSUS SANDEEP GOHE Respondent(s) Date : 13-07-2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr.Abhishek Krishna, Adv. Mr.Amit Chawla, Adv.p Mr.Danish Zubair Khan, AOR For Respondent(s) Mrs.Sangeeta Kumar, Adv.

UPON hearing the counsel the Court made the following O R D E R The transfer petition is disposed of in terms of the signed order.

            (Ashok Raj Singh)           (Indu Kumari Pokhriyal)
             Court Master                    Court Master

(Signed Order is placed in the file)