Supreme Court - Daily Orders
Poluja Srinidhi vs Poluja Sampurna Chary on 22 November, 2023
Bench: Surya Kant, Dipankar Datta
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2993 OF 2022
POLUJA SRINIDHI PETITIONER(S)
VERSUS
POLUJA SAMPURNA CHARY RESPONDENT(S)
O R D E R
1. The petitioner-wife seeks transfer of O.P. No.1054/2021, titled as “Poluja Sampurna Chary vs. Poluja Srinidhi”, filed by the respondent-husband under Section 13(1)(ib) of the Hindu Marriage Act, 1955. The above-stated case is pending before the Sub-Court, Alandur, Tamil Nadu, and the petitioner-wife seeks transfer thereof to the Family Court at Warangal, Telangana.
2. Notice of this petition was issued and as per the office report, service is complete. No one, however, has entered appearance on behalf of the respondent-husband.
3. The marriage between the parties was solemnized on 05.12.2012 and a male child, aged 10 years, born from the wedlock is under the care and custody of the petitioner- wife. It appears that on the ground of cruelty, the petitioner-wife has already instituted a petition against the respondent-husband, which is pending before the Signature Not Verified Additional Judicial First Class Magistrate, Warangal. Digitally signed by ARJUN BISHT Date: 2023.11.24 17:12:46 IST 4. Taking into consideration the totality of Reason: circumstances, most importantly the fact that the 1 petitioner-wife is required to look after her minor son, the instant transfer petition is allowed and O.P. No.1054/2021, titled as “Poluja Sampurna Chary vs. Poluja Srinidhi”, pending before the Sub-Court, Alandur, Tamil Nadu is ordered to be transferred to the Family Court at Warangal, Telangana. The records be forwarded to the Transferee Court forthwith.
...................J. (SURYA KANT) ...................J. (DIPANKAR DATTA) ...................J. (UJJAL BHUYAN) New Delhi;
November 22, 2023
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ITEM NO.1 COURT NO.5 SECTION XII
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).2993/2022
POLUJA SRINIDHI Petitioner(s)
VERSUS
POLUJA SAMPURNA CHARY Respondent(s)
(IA No. 175519/2022 - EX-PARTE STAY) Date : 22-11-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. P Venkat Reddy, Adv.
Mr. Prashant Kumar Tyagi, Adv. Mr. P Srinivas Reddy, Adv.
M/s. Venkat Palwai Law Associates, AOR For Respondent(s) 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, stand disposed of.
(ARJUN BISHT) (PREETHI T.C.) COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file) 3