Supreme Court - Daily Orders
Merline K. Varghese vs Jeffrey Skaria Joseph on 17 August, 2022
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(Civil) No. 398/2021
MERLINE K. VARGHESE Petitioner(s)
VERSUS
JEFFREY SKARIA JOSEPH Respondent(s)
O R D E R
This petitioner has been filed under section 25 if the Code of Civil Procedure (CPC) read with Order XLI of the Supreme Court Rules, 2013 by the wife, seeking transfer of IDOP. No. 2224/2020 which is a petition filed by the respondent- husband seeking a decree of divorce and which is pending before the Family Court at Chennai titled as “Jeffrey Skaria Joseph Vs. Merline K. Varghese” to the competent Court/ Family Court, Irinjalakuda, Kerala State.
I have heard learned counsel for the petitioner and the respondent. Petitioners counsel submitted that the petitioner is presently residing at Irinjalakuda near Thrissur, Kerala State and she is residing along with her minor daughter aged 4 years along with her parents, that it is difficult for her to travel from Irinjalakuda, Kerala State to Chennai for the purpose of contesting the aforesaid petition filed by the respondent seeking a decree of divorce. He has further submitted that the difficulties are on account of financial stringency and lack of logistical support apart from there being travel of more than 650 kms. He therefore Signature Not Verified prayed that the aforesaid matter may be transferred from the Court Digitally signed by Chetan Kumar Date: 2022.08.22 16:13:13 IST of Family court at Chennai to a competent Court/ Family Court at Reason: Irinjalakuda, Kerala State.
1 Learned counsel for the petitioner also submitted that two other proceedings are pending before the competent Court at Irinjalakuda, Kerala State, and therefore, this case may also be transferred to the competent Court at Irinjalakuda.
On the contrary, learned for the respondent contended that there is no merit in this petition and that the petitioner may as well travel to Chennai for the purpose of contesting the matter. He also submitted that the petitioner is a doctor as also the respondent, and therefore, she is in a position to travel to Chennai.
Having heard the learned counsel for the respective parties, I find that the petitioner has made out a case for the transfer of the aforesaid matter from the Family Court at Chennai to a competent Court/ Family Court, Irinjalakuda, Kerala State.
Hence, the petition is liable to be allowed is allowed bearing in mind the interest of justice also.
At this stage, learned counsel for the respective parties submitted that before steps are taken for the consideration of the aforesaid case on merits by the competent Court/ Family Court at Irinjalakuda, Kerala State, the parties may be directed to appear before the Mediation Centre of the Kerala High Court so that the learned mediator could arrive at an amicable settlement between the parties.
In these circumstances, the Registry of this Court is directed to transfer this case to the Mediation Centre of the Kerala High Court at Irinjalakuda Cochin so that the parties could appear before the said Mediation Centre to explore the possibility of an 2 amicable settlement in the matter.
The parties shall appear before the Mediation Centre of the Kerala High Court on 12th September 2022 at 11:30 am.
The learned mediator who is assigned to mediate the matter should explore the possibility of a settlement between the parties and see if the settlement can be arrived at between the parties.
The Mediation Center should ensure that the matter is transferred to the competent Courts/ Family Court Irinjalakuda, Kerala State for the adjudication of the case on merits.
The respondent is permitted to participate in the mediation either through physical appearance or through video conferencing facility,if any, whereas the petitioner is directed to appear in person before the Mediation Centre.
In the event there is no settlement between the parties, the matter may be adjudicated by the competent Courts at Irinjalakuda, Kerala State.
Accordingly, the transfer petition is allowed and disposed of in the aforesaid terms.
Pending applications, if any, stand disposed of.
…………………………………………………J.
B.V. NAGARATHNA
18TH AUGUST 2022
NEW DELHI
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ITEM NO.1608 COURT NO.9 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(s)(Civil) No(s). 398/2021
MERLINE K. VARGHESE Petitioner(s)
VERSUS
JEFFREY SKARIA JOSEPH Respondent(s)
(FOR ADMISSION and IA No.31366/2021-EX-PARTE STAY ) Date : 17-08-2022 This petition was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Jugul Kishor Gupta, Adv.
Mr. Mahendra Kumar, Adv.
Mr. Alok Kr. Dwivedi, Adv.
Mr. Sajith. P, AOR
For Respondent(s) Mr. V Balaji, Adv.
Mr. Nizamuddin, Adv.
Mr. K. Rajan, Adv.
Mr. Rakesh K. Sharma, 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.
Pending application, if any, stand disposed of.
(HARSHITA UPPAL) (KAMLESH RAWAT)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed order is placed on the file)
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