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Supreme Court - Daily Orders

Jess Elizabeth Rasalam vs H. Austin Jose on 8 January, 2018

Author: Chief Justice

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

     TP(C) 518/2016
                                                                1

                                                IN THE SUPREME COURT OF INDIA
                                                 CIVIL ORIGINAL JURISDICTION


                                           TRANSFER PETITION (CIVIL) NO.518 OF 2016


                         Jess Elizabeth Rasalam                                         Petitioner(s)


                                             Versus


                         H. Austin Jose                                                 Respondent(s)



                                                              O R D E R

This is a transfer petition at the instance of the petitioner-wife seeking transfer of IDOP No.491 of 2015, titled H. Austin Jose vs. Jess Elizabeth Rasalam, pending before the District Court, Kanyakumari District at Nagercoil, State of Tamil Nadu, to the Family Court at Thiruvananthapuram, Kerala.

Having heard learned counsel for the parties and in view of the the hardships which will be faced by the petitioner in contesting the case at Nagercoil, Tamil Nadu, we deem it proper to allow the transfer petition and transfer the aforesaid case from the District Court, Kanyakumari District at Nagercoil, State of Tamil Nadu, to the Family Signature Not Verified Digitally signed by Court at Thiruvananthapuram, Kerala, along with all records CHETAN KUMAR Date: 2018.01.17 19:36:48 IST for its adjudication.

Reason:

TP(C) 518/2016 2 After transfer of the case, the transferee Court is directed to make all endeavour either for amicable settlement or for early decision in the matter without unnecessary adjournments.
..................CJI. [Dipak Misra] ....................J. [A.M. Khanwilkar] ....................J. [Dr. D.Y. Chandrachud] New Delhi January 08, 2018.
TP(C) 518/2016
                                       3

ITEM NO.61                     COURT NO.1                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 (Civil) No.518/2016 JESS ELIZABETH RASALAM Petitioner(s) VERSUS H. AUSTIN JOSE Respondent(s) (With appln.(s) for stay) Date : 08-01-2018 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Ms. Usha Nandini. V, AOR Mr. Biju P. Raman, Adv.
Mr. M.S. vishnu Sankar, Adv. Ms. Athira G. Nair, Adv.
For Respondent(s) Mr. Antony R. Julian,m Adv.
Ms. Gitanjali Kapur, Adv. Mr. Danish Zubair Khan, 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.
(Chetan Kumar) (H.S. Parasher) Court Master Assistant Registrar (Signed order is placed on the file)