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Elina Pati vs Partha Sarathi Nanda on 6 December, 2022

Bench: Surya Kant, J.K. Maheshwari

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                                        IN THE SUPREME COURT OF INDIA
                                         CIVIL ORIGINAL JURISDICTION

                                   Transfer Petition(Civil)          No.1797/2022


     ELINA PATI                                                                    Petitioner(s)

                                                         VERSUS

     PARTHA SARATHI NANDA                                                          Respondent(s)


                                                  O R D E R

1. The petitioner (wife) seeks transfer of HMA No.1497/2021 titled “Partha Sarathi Nanda vs Elina Pati” filed by the respondent (husband) under Section 13 (1) (ia) (ii) (ib) and (iiib) of the Hindu Marriage Act, 1955, which is pending before the District Judge, Family Court at Shimla, Himachal Pradesh.

2. The petitioner (wife) seeks transfer of the above­stated case to the Family Court, Cuttack, Odisha.

3. We have heard learned counsel appearing for the parties and perused the material placed on record.

4. It is not in dispute that a complaint under the Protection of Women from Domestic Violence Act, 2005 is already pending at Cuttack, Odisha and some interlocutory proceedings arising therefrom are also pending before different forums at Cuttack and Signature Not Verified the respondent (husband) is already appearing and contesting those Digitally signed by VISHAL ANAND Date: 2022.12.08 18:35:55 IST Reason: cases.

5. In this view of the matter, but without expressing any views on the merits of the case, we allow the Transfer Petition and consequently the HMA No.1497/2021 titled “Partha Sarathi Nanda vs Elina Pati” pending before the District Judge, Family Court at Shimla, Himachal Pradesh, is ordered to be transferred to the Fam­ ily Court, Cuttack, Odisha.

6. The records be forwarded to the transferee Court forthwith.

7. Having regard to the inclination shown by both the parties for mediation, the Family Court at Cuttak, Odisha is directed to initiate mediation between the parties before it proceeds on merits of the case.

8. As prayed, the respondent (husband) shall be at liberty to apply to the Family Court at Cuttack to permit him to appear through Video Conferencing Mode, except when his presence is mandatorily required.

…………………………………J (SURYA KANT) …………………………………………J (J.K. MAHESHWARI) NEW DELHI 6TH DECEMBER, 2022.

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ITEM NO.10                  COURT NO.11               SECTION XVI­A

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

Transfer Petition(Civil) No.1797/2022 ELINA PATI Petitioner(s) VERSUS PARTHA SARATHI NANDA Respondent(s) (IA No. 118241/2022 ­ STAY APPLICATION) Date : 06­12­2022 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Prabhu Prasanna Behera, Adv. Ms. Priyanka Sethia, Adv. Mr. V. K. Monga, AOR Ms. Gouri Monga, Adv.

Mr. Kshitij R. Singa,Adv. For Respondent(s) Mr. Bharat Bhushan, AOR Mr. Rakesh Kumar Yadav, Adv.

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 also stands disposed of.

  (VISHAL ANAND)                                  (DIPTI KHURANA)
ASTT. REGISTRAR­cum­PS                         ASSISTANT REGISTRAR

(Signed Order is placed on the file)