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Jutika Boruah vs Sri Sunil Sa on 9 December, 2022

Bench: A.S. Bopanna, Bela M. Trivedi

                                           IN THE SUPREME COURT OF INDIA
                                          ORIGINAL/INHERENT JURISDICTION


                                      TRANSFER PETITION (C) NO. 1076 OF 2021


     JUTIKA BORUAH                                                               PETITIONER(S)

                                                           VERSUS

     SRI SUNIL SA                                                                 RESPONDENT(S)

                                                         AND

                                      CONTEMPT PETITION (C) NO. 337 OF 2022


                                                         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 Matrimonial Suit No. 256 of 2020 titled “Sri Sunil Sa Vs. Smt. Jutika Boruah” pending before the Court of 6th Additional District Judge, Alipore, West Bengal to the Court of Additional District Judge, Nagaon, Assam.

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 Matrimonial Suit No. 256 of 2020 titled “Sri Sunil Sa Vs. Smt. Jutika Boruah” pending before the Court of 6th Additional District Judge, Alipore, West Bengal to the Court of Additional District Judge, Nagaon, Assam.

Digitally signed by Rajni Mukhi Date: 2022.12.13 11:17:26 IST Reason: 1  T.P.(C) NO. 1076 OF 2021 Let the record of the case be transferred without delay. 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 personal presence only when it becomes absolutely necessary.

The Transfer Petition is allowed in the afore-stated terms. Pending application(s), if any, shall stand disposed of. Contempt Petition (C) No. 337/2022 In view of the order passed in transfer petition, no case is made out for contempt.

The contempt petition is, accordingly, disposed of.

……………………………………………………………J. [A.S. BOPANNA] ……………….……………………………………….J. [BELA M. TRIVEDI] NEW DELHI;

 DECEMBER 09, 2022




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ITEM NO.4                 COURT NO.13                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. 1076/2021 JUTIKA BORUAH Petitioner(s) VERSUS SRI SUNIL SA Respondent(s) (Mediation report has been received. IA No. 69945/2021 - EX-PARTE STAY) WITH CONMT.PET.(C) No. 337/2022 in T.P.(C) No. 1076/2021 (XVI-A) (FOR ADMISSION) Date : 09-12-2022 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Aftab Ali Khan, AOR Mr. M.Z. Chaudhary, Adv.

Mr. Shahbaz, Adv.

Mr. Arvind Kumar Kanva, Adv. Ms. Mahetaba Asrar, Adv.

Mr. Ali Safeer Farooq, Adv.

For Respondent(s) Mr. Vivek Singh, AOR Mr. Rahul Arya, Adv.

Mr. Abhishek Singh, Adv.

Mr. Antariksh Singh, Adv.

UPON hearing the counsel the Court made the following O R D E R The transfer Petition is allowed and contempt petition is disposed of 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