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2021 Supreme(SC) 1077
SUPREME COURT OF INDIA
Abhay S. Oka, J.
Pallabi Rai - Petitioner
Versus
Rahul Rai – Respondent
Transfer Petition (Civil) No.441 of 2020
Decided On : 03-12-2021
Headnote:
Criminal Procedure Code, 1973 – Section 125 – Learned counsel appearing for the respondent states that even petition under Section 125 of the Code of Criminal Procedure, 1973 filed by the petitioner which is pending in Court of Learned Chief Judicial Magistrate Court, 24 be transferred to the Family Court where case subject matter of this petition which is sought to be transferred is pending – As a Family Court will have jurisdiction to try a petition under Section 125 of Code, aforesaid prayer deserves to be accepted – Held, Further, petition for maintenance being Case No. filed by petitioner against respondent under Section 125 of Code in Court of Learned Chief Judicial Magistrate, Court, 24 is also transferred to Court of Learned Principal Judge of Family Court, Court, Hare Street, Kolkata – Both cases shall be heard together – Considering young age of the parties and nature of dispute, Learned Principle Judge shall endeavour to give out of turn priority for disposal of cases – He may also consider option of referring parties to mediation – Transferee Court shall decide transferred cases as expeditiously as possible – Registry is directed to send a copy of this Order to concerned Courts immediately by e-mail for necessary compliance – Petition allowed.
ORDER :
1. Heard learned counsel appearing for the petitioner.
2. The learned counsel appearing for the respondent states that he has no objection for passing an order of transfer as prayed for.
3. The Learned counsel appearing for the respondent states that even the petition under Section 125 of the Code of Criminal Procedure, 1973 (“the Code” for short) filed by the petitioner which is pending in the Court of the Learned Chief Judicial Magistrate at Barasat Court, 24 Paragana be transferred to the Family Court where the case subject matter of this petition which is sought to be transferred is pending. As a Family Court will have jurisdiction to try a petition under Section 125 of the Code, the aforesaid prayer deserves to be accepted.
4. Accordingly, Case No.M.C. No.1949 of 2019, titled “Rahul Rai vs. Pallabi Rai", pending before the Court of 2nd Additional Principal Judge, Family Court, Bangalore is hereby transferred to the Court of the Principle Judge, Family Court, Bankshall Court, Hare Street, Kolkata.
5. Further, the petition for maintenance being Case No.M502 of 2020 titled “Pallavi Rai (Das) v. Rahul Rai”, filed by the petitioner against the respondent under Section 125 of Code in the Court of the Learned Chief Judicial Magistrate, Barasat Court, 24 Paragana is also transferred to the Court of the Learned Principal Judge of the Family Court, Bankshall Court, Hare Street, Kolkata. Both the cases shall be heard together.
6. Considering young age of the parties and the nature of the dispute, the Learned Principle Judge shall endeavour to give out of turn priority for disposal of the cases. He may also consider the option of referring the parties to mediation.
7. The transferee Court shall decide the transferred cases as expeditiously as possible.
8. The Registry is directed to send a copy of this Order to the concerned Courts immediately by e-mail for necessary compliance.
9. This transfer petition is allowed accordingly.
