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Supreme Court - Daily Orders

Suman Kumari @ Suman Kumari Jha vs Ritesh Kumar Jha on 10 February, 2025

Author: Sudhanshu Dhulia

Bench: Sudhanshu Dhulia

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                                    IN THE SUPREME COURT OF INDIA
                                      CIVIL ORIGINAL JURISDICTION

                              TRANSFER PETITION (CIVIL) NO. 3042 OF 2024

                         SUMAN KUMARI @ SUMAN KUMARI JHA                  Petitioner(s)

                                          VERSUS

                         RITESH KUMAR JHA                                 Respondent(s)




                                                ORDER

1. The petitioner – wife has filed this Transfer Petition seeking transfer of Matrimonial Suit No. 1035 of 2024 titled as “Ritesh Kumar Jha Vs. Suman Kumari” from the Court of 2nd Additional District Judge, Howrah, West Bengal to the Family Court at Samastipur, Bihar.

2. Despite service of notice on the sole respondent, no one has entered appearance on his behalf to contest the matter.

3. Heard learned counsel for the petitioner. Considering the facts and circumstances of the case and the hardship of Signature Not Verified the petitioner to contest the case at Howrah, West Bengal, we Digitally signed by Jayant Kumar Arora Date: 2025.02.15 are of the view that the matter is liable to be transferred. 16:57:31 IST Reason:

4. Accordingly, this Transfer Petition is allowed and the 2 subject­case is hereby transferred to the Family Court at Samastipur, Bihar.

5. After the matter is transferred to the Family Court at Samastipur, the concerned Court will give fresh notice to all the parties by fixing a date and the aforesaid matter shall proceed before the said Court from the stage it was left at the Court of 2nd Additional District Judge, Howrah, West Bengal.

6. The respondent is at liberty to move an application before the Transferee Court seeking permission for his presence through virtual mode, which application shall be considered in accordance with law.

7. The records of the case be transferred to the transferee Court forthwith.

8. All pending applications stand disposed of.

…….....…………...................J. [SUDHANSHU DHULIA] ………….…….……................J. [AHSANUDDIN AMANULLAH] NEW DELHI;

FEBRUARY 10, 2025.

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ITEM NO.2                COURT NO.12                    SECTION XVI

                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).    3042/2024

SUMAN KUMARI @ SUMAN KUMARI JHA                          Petitioner(s)

                                  VERSUS

RITESH KUMAR JHA                                         Respondent(s)

IA No. 261902/2024 - EX-PARTE STAY IA No. 261904/2024 - EXEMPTION FROM FILING O.T. Date : 10-02-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) : Ms. Ashmta Bisarya, Adv.

Mr. Nirmal Kumar Ambastha, AOR For Respondent(s) :

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 interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) ASST. REGISTRAR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)