Supreme Court - Daily Orders
S. Ponni vs H. Sabarish on 10 April, 2023
Bench: Dinesh Maheshwari, Sanjay Kumar
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2418 OF 2022
S. PONNI PETITIONER
VERSUS
H. SABARISH RESPONDENT
O R D E R
This transfer petition has been filed by the petitioner-wife under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of H.M.O.P. No.2198 of 2021, titled as “H. Sabarish vs. S. Ponni”, pending before the Subordinate Judge at Alandur, Tamil Nadu, to the 4th Additional Munsif Magistrate of Chittoor, Andhra Pradesh.
It may be observed that in the prayer in this transfer petition, the petitioner-wife has sought transfer of the petition filed by the respondent-husband under Section 12(1)(a) of the Hindu Marriage Act, 1955 to the Court of 4th Additional Munsif Magistrate of Chittoor but in the body of this transfer petition (at Signature Not Verified Digitally signed by page ‘H’) the petitioner has rightly stated the prayer ARJUN BISHT Date: 2023.04.11 16:11:00 IST Reason: for transfer of the case to the Family Court at 1 Chittoor, Andhra Pradesh. Looking to the nature of proceedings, the same could only be transferred to the Family Court and not to the Munsif Magistrate.
Heard learned counsel for the parties and perused the material placed on record.
Learned counsel for the respondent has vehemently opposed this transfer petition, inter alia, with the submissions that the distance between Chennai and Chittoor is merely 150 kms. and since both the parties are gainfully employed in Chennai, it would be convenient for them to contest the matter at Chennai as also that the marriage has not been consummated.
Having considered the circumstances in their totality, in our view, despite such opposition on the part of the respondent, looking to the factors of inconvenience stated by the petitioner as also her assertion that she is residing at her parental house at Chittoor, Andhra Pradesh, we are of the view that in the interest of justice, transfer of proceedings to Chittoor is warranted.
In the passing, we may also observe that apart from opposing the grounds taken in the petition, the learned counsel for the respondent has put forward an alternative plea that instead of transferring the matter 2 to Chittoor, it may be transferred to Vellore, as being a neutral place. This submission has only been noted to be rejected. We find no logic or justification in this kind of submission.
Accordingly, this transfer petition is allowed and H.M.O.P. No.2198 of 2021, titled as “H. Sabarish vs. S. Ponni”, pending before the Subordinate Judge at Alandur, Tamil Nadu is hereby transferred to the Family Court at Chittoor, Andhra Pradesh.
The parties shall be at liberty to apply before the transferee Court for appearing through the video conferencing mode.
The records of the case be transferred to the transferee Court forthwith.
All pending applications stand disposed of.
...................J. (DINESH MAHESHWARI) ...................J. (SANJAY KUMAR) New Delhi;
April 10, 2023
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ITEM NO.1 COURT NO.6 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).2418/2022 S. PONNI Petitioner(s) VERSUS H. SABARISH Respondent(s) (IA No.162179/2022 - EX-PARTE STAY) Date : 10-04-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. G. Ananda Selvam, Adv.
Mr. Mayilsamy.k, Adv.
Mr. Sanchit Maheshwari, Adv. Ms. Lakshmi Ramamurthy, AOR For Respondent(s) Mr. R. Anand Padmanabhan, Adv.
Mr. Shashi Bhushan Kumar, AOR 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.
All pending applications stand disposed of.
(ARJUN BISHT) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH) (signed order is placed on the file) 4