Supreme Court - Daily Orders
A. Rema vs B. Sakthikumaran on 2 July, 2024
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1236 OF 2022
A. REMA PETITIONER
VERSUS
B. SAKTHIKUMARAN RESPONDENT
WITH
TRANSFER PETITION (CIVIL) NO. 1407 OF 2024
O R D E R
1. These transfer petitions have been filed by the petitioner-wife. The respondent–husband has filed the following petitions:
(i) A petition for divorce under Section 13 of the Hindu Marriage Act, 1955 bearing O.P. (H.M.A.) No. 440 of 2018, titled as “B. Sakthikumaran Vs. A. Rema” before the Family Court at Attingal, Thiruvananthapuram District, Kerala.
(ii) A custody petition under the Guardians and Wards Act, 1890, bearing O.P. (G & W) No. 192 of 2020, titled as “B. Sakthikumaran Vs. A. Rema” before the Family Court at Attingal, Thiruvananthapuram District, Kerala.
The petitioner-wife prays that the aforesaid matters be transferred to the Family Court at Nagercoil, Kanyakumari District, Tamil Nadu.
Signature Not Verified
2. Despite service of notice, none is present on behalf of Digitally signed by KAVITA PAHUJA Date: 2024.07.10 16:47:05 IST the respondent-husband. Heard learned counsel for the Reason: petitioner-wife.
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3. Considering the facts and circumstances of the case, we are of the view that the matters are liable to be transferred.
4. Accordingly, these Transfer Petitions are allowed and O.P. (H.M.A.) No. 440 of 2018 and O.P. (G & W) No. 192 of 2020, both titled as “B. Sakthikumaran Vs. A. Rema” pending before the Family Court at Attingal, Thiruvananthapuram District, Kerala are hereby transferred to the Family Court at Nagercoil, Kanyakumari District, Tamil Nadu.
5. After the matters are transferred to the Family Court at Nagercoil, Kanyakumari District, Tamil Nadu, the concerned Court will give fresh notice to all the parties by fixing a date and the aforesaid matters shall proceed at the said Court from the stage they were left at the Family Court at Attingal, Thiruvananthapuram District, Kerala.
6. The parties may be allowed to appear virtually, unless their physical presence is required.
7. The records of the cases be transferred to the transferee Court forthwith.
8. All pending applications stand disposed of.
..............……....J. [SUDHANSHU DHULIA] ...……................J. [AHSANUDDIN AMANULLAH] New Delhi July 02, 2024.
PS
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ITEM NO.5 COURT NO.15 SECTION XI-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. 1236/2022
A. REMA PETITIONER
VERSUS
B. SAKTHIKUMARAN RESPONDENT
(IA No. 80019/2022 - EX-PARTE STAY) WITH T.P.(C) No. 1407/2024 (XI-A) (FOR ADMISSION and IA No.118106/2024-EX-PARTE STAY) Date : 02-07-2024 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH (VACATION BENCH) For Petitioner(s) 5 Mr. Raja Rajeshwaran S., Adv.
Mr. M. Yogesh Kanna, AOR 5.1 Mr. Vairawan A.S, AOR For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R The transfer petitions are allowed in terms of the signed order, which is placed on the file. (POOJA SHARMA) (RAM SUBHAG SINGH) COURT MASTER (SH) COURT MASTER (NSH) 3