Supreme Court - Daily Orders
Nistala Deepika Sankeerthi vs Nistala Sri Ram Kumar on 19 April, 2024
Author: Surya Kant
Bench: Surya Kant
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2369/2023
NISTALA DEEPIKA SANKEERTHI PETITIONER(S)
VERSUS
NISTALA SRI RAM KUMAR RESPONDENT(S)
O R D E R
1. The petitioner-wife seeks transfer of Divorce Petition being HMOP NO.144/2018, titled “Nistala Sri Ram Kumar vs. Nistala Deepika Sankeerthi @ Sankeerthi Deepikasri”, filed by the respondent-husband, which is pending before the Court of Additional Senior Civil Judge, Bapatla, Andhra Pradesh. She seeks transfer thereof to the Family Court, L.B. Nagar, Ranga Reddy District, Hyderabad, Telangana. The parties got married on 05.10.2017. It is alleged that the respondent deserted the petitioner on Signature Not Verified Digitally signed by 10.03.2018 and since then they have been living separately. Ashwani Kumar Date: 2024.04.19 16:53:38 IST Reason: While the respondent-husband has filed the subject divorce 1 petition before the Court at Bapatla, Andhra Pradesh, the petitioner-wife has also filed a Divorce Petition being FCOP No.585/2019 before the Family Court, L.B. Nagar, Ranga Reddy District, Hyderabad, Telangana.
2. Upon notice in this transfer petition, the respondent-husband has filed a counter affidavit, taking a fair stand that he has no objection if the divorce petition filed by him i.e., HMOP No.144/2018 is also transferred to the Family Court, L.B. Nagar, Ranga Reddy District, Hyderabad, Telangana and both the divorce cases are heard together and disposed of in a time bound manner.
3. In this view of the matter, the transfer petition is allowed. Accordingly, HMOP No.144/2018, pending in the Court of Additional Senior Civil Judge, Bapatla, Andhra Pradesh is ordered to be transferred to the Family Court, L.B. Nagar, Ranga Reddy District, Hyderabad, Telangana and is directed to be clubbed along with FCOP No.585/2019, filed by the petitioner-wife seeking the same relief. The Presiding Officer of the Family Court, L.B. Nagar, Ranga Reddy District, Hyderabad, Telangana is directed firstly to explore the possibility of amicable settlement through mediation and in any case he does not succeed, then make an endeavour to decide both the divorce petitions by a common judgment expeditiously by the end of December 2024. 2
4. The parties are directed to appear before the Transferee Court on 17.05.2024.
5. All pending applications, if any, also stand disposed of.
...................J. (SURYA KANT) ...................J. (K.V. VISWANATHAN) New Delhi;
April 19, 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).2369/2023
NISTALA DEEPIKA SANKEERTHI Petitioner(s)
VERSUS
NISTALA SRI RAM KUMAR Respondent(s)
(MEDIATION REPORT RECEIVED)
Date : 19-04-2024 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Apoorv Shukla, AOR For Respondent(s) Mr. Nitin S. Tambwekar, Adv.
Mr. Vijay Kumar Ponnam, Adv.
Mr. Sanjeev Kumar Choudhary, Adv. Mr. Seshatalpa Sai Bandaru, 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.)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(signed order is placed on the file)
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