Supreme Court - Daily Orders
Bhargavi Murali vs Raghavan V on 19 July, 2023
Bench: Hima Kohli, Rajesh Bindal
TRANSFER PETITION (CIVIL) NO.953 OF 2023
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.953 OF 2023
BHARGAVI MURALI PETITIONER(S)
VERSUS
RAGHAVAN V RESPONDENT(S)
ORDER
1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for divorce filed by the respondent- husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 Matrimonial Petition bearing M.C. No.7795/2022 titled “Raghavan V Vs. Bhargavi Murali” pending before the Court of the Principal Family Judge at Bengaluru to the Court of competent jurisdiction (Family Court) at Alandur, Chennai, Tamil Nadu.
2. Learned counsel appearing for the respondent-husband submits that his client has no objection to the parties negotiating a settlement, if referred to mediation. The other side is agreeable to the same.
3. Having heard learned counsel for the parties and on examining the grounds taken in the transfer petition, we direct transfer of Matrimonial Petition bearing M.C. No.7795/2022 titled “Raghavan V Vs. Bhargavi Murali” pending before the Court of Signature Not Verified Principal Family Judge at Bengaluru to the Principal Judge, Family Court at Alandur, Digitally signed by GEETA AHUJA Date: 2023.07.22 13:32:18 IST Reason: Chennai, Tamil Nadu.
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4. The record of the case be transferred immediately to the Transferee Court.
5. The learned Principal Judge, Family Court at Alandur, Chennai is directed to ensure that the parties are first referred to mediation so that they can explore the possibility of arriving at a negotiated settlement.
6. Further, liberty is granted to the respondent-husband to move an appropriate application before the Transferee Court for permission to participate in the proceedings virtually. If such a request is made, the Transferee Court may grant such permission and direct the personal presence of the respondent only when it is absolutely necessary. Further, if examination of outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the Transferee Court shall consider the same and pass appropriate orders.
7. The Transfer Petition is allowed on the above terms. Pending application(s), if any, shall stand disposed of.
.................J. ( HIMA KOHLI ) .................J. ( RAJESH BINDAL ) NEW DELHI;
JULY 19, 2023.
2 TRANSFER PETITION (CIVIL) NO.953 OF 2023 ITEM NO.16 COURT NO.14 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). 953/2023 BHARGAVI MURALI Petitioner(s) VERSUS RAGHAVAN V Respondent(s) (IA No. 75798/2023 - EX-PARTE STAY) Date : 19-07-2023 This petition was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Amol Chitale, Adv.
Mrs. Pragya Baghel, AOR For Respondent(s) Mr. Ankolekar Gurudatta, AOR Mr. Nihant Panicker, Adv.
Mr. Korada Pramod Kumar, Adv. Mr. Rajendra Koushik A.c, 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(s), if any, shall stand disposed of.
(Geeta Ahuja) (Ravinder Kumar)
Assistant Registrar-cum-PS Court Master (NSH)
(Signed Order is placed on the file)
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