Supreme Court - Daily Orders
Penmetsa Lavanya vs Penmetsa Ravi Varma on 13 March, 2024
Author: Surya Kant
Bench: Surya Kant
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.1740/2022
PENMETSA LAVANYA PETITIONER(S)
VERSUS
PENMETSA RAVI VARMA RESPONDENT(S)
O R D E R
1. The petitioner-wife seeks transfer of F.C.O.P. No.470 of 2018, titled “Penmetsa Ravi Varma vs. Penmetsa Lavanya” filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which is pending before the Family Court at Kukatpally, Ranga Reddy District, Hyderabad, Telangana. The petitioner-wife has sought transfer of the above case to the Senior Civil Judge Court, Narsapur, West Godavari District, Andhra Pradesh.
2. The marriage between the parties was solemnized on 08.05.2009. A son born from the wedlock in the year 2010 Signature Not Verified is under the care and custody of the petitioner-wife. The Digitally signed by Deepak Singh Date: 2024.03.22 17:05:25 IST instant transfer petition has been filed on the ground Reason: that two cases between the parties are already pending at 1 Narsapur, West Godavari District, Andhra Pradesh and keeping in mind the responsibilities to look after a minor child, it is difficult for the petitioner-wife to defend herself at a place which is approximately 500 kms. away from the place of her residence.
3. Notice was issued and pursuant thereto, the respondent-husband has entered appearance.
4. Learned counsel for the respondent-husband fairly states that the respondent has no objection if the case is transferred from Kukatpally, Ranga Reddy District, Hyderabad, Telangana to Narsapur, West Godavari District, Andhra Pradesh.
5. The Transfer Petition is, accordingly, allowed and F.C.O.P. No.470 of 2018, titled “Penmetsa Ravi Varma vs. Penmetsa Lavanya”, which is pending before the Family Court at Kukatpally, Ranga Reddy District, Hyderabad, Telangana is ordered to be transferred to the Senior Civil Judge Court, Narsapur, West Godavari District, Andhra Pradesh. The records be forwarded to the transferee Court forthwith.
6. The transferee Court is directed to explore the possibility of amicable settlement between the parties through mediation.
7. We may bring it on record that the petitioner-wife is unconditionally ready and willing to join the company 2 of her husband. Keeping the aforesaid stand of the petitioner-wife in mind, let the Family Court make an endeavour to resolve the dispute amicably, before it proceeds on merits.
...................J. (SURYA KANT) ...................J. (K.V. VISWANATHAN) New Delhi;
March 13, 2024
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ITEM NO.1 COURT NO.4 SECTION XII-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).1740/2022 PENMETSA LAVANYA Petitioner(s) VERSUS PENMETSA RAVI VARMA Respondent(s) (IA No.114813/2022 - STAY APPLICATION) Date : 13-03-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. S. Ravi Kumar, Adv.
Mr. Parnam Prabhakar, Adv.
Mr. Shashwat Goel, AOR For Respondent(s) Mr. R Santhana Krishnan, Adv.
Ms. Prity Mishra, Adv.
Mr. Aditya Kumar Archiya, Adv.
Mr. Krishna Kumar Singh, AOR UPON hearing the counsel the Court made the following O R D E R
1. The transfer petition is allowed in terms of the signed order.
2. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI T.C.) COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file) 4