Supreme Court - Daily Orders
Pavana Dakshayani A vs K.V. Kiran Kumar on 23 January, 2024
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2389 OF 2021
PAVANA DAKSHAYANI A Petitioner(s)
VERSUS
K.V. KIRAN KUMAR @ VENKATA NAGA KIRAN KUMAR Respondent(s)
WITH
T.P.(C) NO.2417 OF 2021
AND
T.P. (Crl) NO.143 OF 2022
O R D E R
Learned senior counsel appearing for the petitioner and learned counsel for the respondent submitted that the mediation between the parties has failed. In the circumstances, we have considered the transfer petitions on merits.
The petitioner is the wife of the respondent. These transfer petitions have been filed by her seeking following reliefs: T.P. (C) No.2389/2021
“(i) Allow the instant Transfer Petition (Civil) and Transfer of Petition ‘G & W.C. No.10 of 2021, titled as ‘Sri K V Kiran Kumar @ Venkara Naga Kiran Kumar vs. Smt. Pavana Dakshayani A’ filed by the respondent before the Principal Senior Civil Signature Not Verified Judge, Bengaluru, Karnataka under Section 7 read Digitally signed by Nidhi Ahuja Date: 2024.01.27 12:51:32 IST with Section 25 of the Guardians & Wards Act, Reason: 1890; to the Family Court, Ranga Reddy District, 1 Telangana.
And/or,
(ii) Pass such other / further order(s) as may be deemed just and proper in the facts and circumstances of the case.” T.P. (C) No.2417/2021 “(i) Allow the instant Transfer Petition (Civil) and Transfer of Petition ‘M.C. No.109 of 2020, titled as ‘Sri K V Kiran Kumar @ Venkata Naga Kiran Kumar vs Smt. Pavana Dakshayani A’ filed by the respondent before the Principal Senior Civil Judge, Bengaluru Rural, Karnataka under Section 13(1)(IA) of the Hindu Marriage Act; to the Family Court, Ranga Reddy District, Telangana. And/or,
(ii) Pass such other / further order(s) as may be deemed just and proper in the facts and circumstances of the case.” T.P.(Crl) No.143/2022 “(i) Allow the instant Transfer Petition (Crl) and Transfer of Petition ‘Crl. Misc. No.123 of 2021, titled as ‘Smt. Pavana Dakshayani A vs. Sri K V N Kiran Kumar & Ors’ filed by the petitioner herself before the Chief Judicial Magistrate, Bengaluru Rural, Karnataka under Section 12 r/w Section 18(a), 18(e), 19(e), 19(f), 20(b)(d), 22, 23 of the Protection of Women from Domestic Violence Act, 2000 to the Judicial Magistrate Court, Ranga Reddy District, Telangana.
And/or,
(ii) Pass such other / further order(s) as may be deemed just and proper in the facts and circumstances of the case.” 2 During the course of submissions, learned counsel for the respondent contended that the petition filed by the petitioner-wife in Crl. Misc. No.123 of 2021, titled as ‘Smt. Pavana Dakshayani A vs. Sri K V N Kiran Kumar & Ors’ before the Chief Judicial Magistrate, Bengaluru Rural, Karnataka under the provisions of the Protection of Women from Domestic Violence Act, 2005 is not only as against the respondent-husband but also his parents. Therefore, that petition may not be transferred and the transfer petition may be dismissed.
By way of response, learned senior counsel appearing for the petitioner submitted that the petitioner would not press the said case as against the parents of the respondent and the same may be recorded by this Court in this order.
Submission of learned senior counsel appearing on behalf of the petitioner in the aforesaid terms is placed on record.
Consequently, there would be no impediment for transferring the said case.
Having heard learned counsel for the respective parties we hold that the petitioner has made out a case for transfer of the aforesaid cases.
In the result, the transfer petitions are allowed and disposed of. Petitions bearing ‘G & W.C. No.10 of 2021 and M.C. No.109 of 2020 titled as ‘Sri K V Kiran Kumar @ Venkara Naga Kiran Kumar vs. Smt. Pavana Dakshayani A’ pending before the Principal Senior Civil Judge, Bengaluru, Karanataka is transferred to the Family Court, Ranga Reddy District, Telangana and Crl. Misc. No.123 of 2021 3 titled as ‘Smt. Pavana Dakshayani A. Vs. Sri K V N Kiran Kumar & Ors.’ pending before the Chief Judicial Magistrate, Bengaluru Rural, Karnataka is transferred to the Court of Judicial Magistrate, Ranga Reddy District, Telangana. Registry to communicate this order to the transferor courts for taking steps in accordance with this order. However, liberty is reserved to the respondent to appear before the Court in the aforesaid matters either in person or through video conferencing facility. If a request for video conferencing facility is made, the concerned Courts shall make available video conferencing facility to the respondent herein.
. . . . . . . . . . .,J [B.V. NAGARATHNA] . . . . . . . . . . . . . ,J [AUGUSTINE GEORGE MASIH] NEW DELHI, JANUARY 23, 2024 4 ITEM NO.1 COURT NO.12 SECTION IV-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 (Civil) No.2389/2021 PAVANA DAKSHAYANI A Petitioner(s) VERSUS K.V. KIRAN KUMAR @ VENKATA NAGA KIRAN KUMAR Respondent(s) (Mediation Report dated 30.08.2023 received. IA No. 161486/2021 - EX-PARTE STAY) WITH T.P.(C) No. 2417/2021 (IV-A) (IA No. 163621/2021 - STAY APPLICATION) T.P.(Crl.) No. 143/2022 (II-C) Date : 23-01-2024 These matters were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Ms. N. S. Nappinai, Adv.
Mr. V. Balaji, Adv.
Mr. Nizamuddin, Adv.
Mr. A. Krishna Kumar, Adv.
Mr. R. Mohan, Adv.
Mr. Rakesh K. Sharma, AOR For Respondent(s) Ms. Supreeta Sharanagouda, AOR Mr. Sharanagouda Patil, Adv.
Mr. Jyotish Pande, Adv.
UPON hearing the counsel the Court made the following O R D E R The transfer petitions are disposed of in terms of the signed order.
Pending application(s), if any, shall also stand disposed of.
(KRITIKA TIWARI) (BEENA JOLLY)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed order is placed on file)
5