Supreme Court - Daily Orders
Kabita Nayak vs Subrat Nath on 13 March, 2024
Author: Hima Kohli
Bench: Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 3307 OF 2023
KABITA NAYAK PETITIONER
VERSUS
SUBRAT NATH RESPONDENT
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 filed by husband-respondent for dissolution of marriage under Section 13 (1)(ia) and (ib) of the Hindu Marriage Act, 1955 bearing HMA/1142/2023 titled “Subrat Nath Vs. Kabita Nayak” pending before the Principal Judge, Family Court (South), Saket Court Complex, New Delhi to a Court of competent jurisdiction at Cuttack, Odisha.
2. As per the office report dated 12 th March, 2024, service of notice is complete on the respondent-husband. Despite the same, the respondent-husband is unrepresented.
3. Having heard learned counsel for the petitioner-wife and on examining the grounds taken in the transfer petition, we direct transfer of HMA/1142/2023 titled “Subrat Nath Vs. Kabita Nayak” pending before the Principal Judge, Family Court (South), Saket Court Complex, New Delhi to a Court of competent jurisdiction at Cuttack, Odisha. Signature Not Verified Digitally signed by KAVITA PAHUJA Date: 2024.03.21 18:57:13 IST Reason: 1
4. The record of the case be transferred immediately to the transferee Court.
5. 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-husband only when it is absolutely necessary. Further, if examination of the 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.
6. The Transfer Petition is allowed on the above terms. Pending application is disposed of.
………………..............................J. [ HIMA KOHLI ] ……………...................................J. [ AHSANUDDIN AMANULLAH ] NEW DELHI MARCH 13, 2024 PS 2 ITEM NO.8 COURT NO.11 SECTION XIV 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. 3307/2023 KABITA NAYAK PETITIONER VERSUS SUBRAT NATH RESPONDENT (IA No. 257922/2023 - EX-PARTE STAY) Date : 13-03-2024 This matter was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Shamik Shirishbhai Sanjanwala, AOR Mr. Shantanu Parmar, Adv.
For Respondent(s) 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, which is placed on the file.
(POOJA SHARMA) (NAND KISHOR)
COURT MASTER (SH) COURT MASTER (NSH)
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