Supreme Court - Daily Orders
Jyoti Kumari vs Sudhir Kumar Jha on 8 February, 2023
Bench: A.S. Bopanna, Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2476 OF 2022
JYOTI KUMARI PETITIONER(S)
VERSUS
SUDHIR KUMAR JHA RESPONDENT(S)
O R D E R
The petitioner-wife has filed the petition under Section 25 of the Code of Civil Procedure, 1908 before this Court seeking transfer of Case bearing H.M.A.No. 862 of 2018 titled “Sh. Sudhir Kumar Jha Vs. Smt. Jyoti Kumari” pending before the Family Court, East District, Karkardooma to the Family Court, Samastipur, Darbhanga Division, Bihar.
Having heard learned counsel for the parties and taking into consideration the grounds taken in the transfer petition, we direct the transfer of Case bearing H.M.A.No. 862 of 2018 titled “Sh. Sudhir Kumar Jha Vs. Smt. Jyoti Kumari” pending before the Family Court, East District, Karkardooma to the Family Court, Samastipur, Darbhanga Division, Bihar.
Let the record of the case be transferred without delay. Signature Not Verified Digitally signed by Rajni Mukhi Date: 2023.02.09 17:31:26 IST Reason: 1 T.P. (C) NO. 2476 OF 2022 Further, in the facts of the present case, we grant liberty to the respondent to make an appropriate application before the transferee court to permit the respondent 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 respondent and insist on the physical presence only when it becomes absolutely necessary.
Even at the stage of examination of witnesses if there are outside witnesses liberty is granted to seek examination through Commission.
The Transfer Petition is allowed in the afore-stated terms. Pending application(s), if any, shall stand disposed of.
………………………………………………J. [A.S. BOPANNA] ….………………………………………….J. [HIMA KOHLI] NEW DELHI;
FEBRUARY 08,2023
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ITEM NO.7 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 (C) No. 2476/2022 JYOTI KUMARI Petitioner(s) VERSUS SUDHIR KUMAR JHA Respondent(s) (FOR ADMISSION and IA No.167478/2022-EX-PARTE STAY) Date : 08-02-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Anish Kumar Gupta, AOR For Respondent(s) Mr. Sanjay Kumar Tyagi, AOR Mr. Varchaswa Singh, Adv.
Ms. Sandhya Gupta, Adv.
Mr. Sanjay Kumar Tyagi, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is allowed in terms of signed order.
Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file) 3