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Supreme Court - Daily Orders

Bertha Alias Sweety vs Francis Alias Mukesh Abraham Paul on 18 April, 2017

Bench: Ranjan Gogoi, Navin Sinha

                                                            1

                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL ORIGINAL JURISDICTION


                              TRANSFER PETITION(S)(CIVIL) NO(S).626/2015


                         BERTHA ALIAS SWEETY & ANR.                                  PETITIONER(S)

                                                                VERSUS

                         FRANCIS ALIAS MUKESH ABRAHAM PAUL                           RESPONDENT(S)


                                                       O R D E R

1. We have heard learned counsels for the parties.

2. We are not inclined to order for the transfer of proceedings of case bearing D/Petition No.08 of 2014 titled as 'Francis alias Mukesh Abraham Paul vs. Bertha alias Sweety & Anr' from the Court of Principal Judge, Family Court, Akola, Maharashtra to the Court of competent jurisdiction at Betul, Madhya Pradesh in view of the stand taken by the respondent in the counter affidavit.

3. Parties are however in agreement that Signature Not Verified the matter may be transferred to the Family Digitally signed by NEETU KHAJURIA Date: 2017.04.19 16:44:36 IST Reason: Court at Nagpur, which is mid-way between the Akola and Betul.

2

4. In view of the agreement between the parties, we direct the transfer of proceedings of case bearing D/Petition No.08 of 2014 titled as 'Francis alias Mukesh Abraham Paul vs. Bertha alias Sweety & Anr' from the Court of Principal Judge, Family Court, Akola, Maharashtra to the Family Court at Nagpur.

5. The Court of Principal Judge, Family Court, Akola, Maharashtra shall send the case record to the transferee Court promptly and without any delay.

6. The transfer petition is accordingly allowed.

7. On receipt of the case records, the transferee Court is directed to make all endeavour for amicable settlement, failing which for early decision in the case without unnecessary adjournments.

....................,J.

(RANJAN GOGOI) ...................,J.

                                            (NAVIN SINHA)
NEW DELHI
APRIL 18, 2017
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ITEM NO.6                      COURT NO.4              SECTION XVIA

                 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).    626/2015

BERTHA ALIAS SWEETY & ANR.                             Petitioner(s)

                                     VERSUS

FRANCIS ALIAS MUKESH ABRAHAM PAUL                      Respondent(s)

(with appln. (s) for stay and office report) Date : 18/04/2017 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Fakhruddin, Sr. Adv.
Ms. Meenu Sharma, Adv.
Mr. Raj Kishor Choudhary,Adv. Mr. Shakeel Ahmad, Adv.
For Respondent(s) Mr. Kunal Cheema,Adv.
Mr. Yogesh Ahirrao, Adv.
UPON hearing the counsel the Court made the following O R D E R Transfer petition is allowed in terms of the signed order.


            (Neetu Khajuria)                       (Asha Soni)
              Court Master                         Court Master

(Signed order is placed on the file.)