1. Transfer petition — Restitution of conjugal rights — Request to transfer proceedings from one court to another. (Para 1 )
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2022 Supreme(SC) 795
SUPREME COURT OF INDIA
Dhananjaya Y Chandrachud, Sanjiv Khanna, JJ.
Smt Akkireddy Nihaarika - Petitioner
Versus
Akkireddy Karteek Kumar - Respondent
Transfer Petition (Civil) No 1532 of 2020
Decided On : 27-01-2022
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Parnam Prabhakar, Adv., Mr. Sanjeev Kumar, AOR
For the Respondent: Mr. Shivam Batra, AOR
Advocate Appeared:
For the Petitioner: Mr. Parnam Prabhakar, Adv., Mr. Sanjeev Kumar, AOR
For the Respondent: Mr. Shivam Batra, AOR
The Supreme Court granted a transfer petition to move a case for restitution of conjugal rights from Visakhapatnam, Andhra Pradesh, to Lothagudem Bhadhradri, Telangana, in the interests of justice, allowing parties to apply for appearance through video conferencing.
Headnote:
Transfer Petition - Restitution of Conjugal Rights - The court allowed the transfer petition seeking the transfer of a petition for restitution of conjugal rights to a different court in the interest of justice.
Fact of the Case:
The transfer petition sought the transfer of a petition for restitution of conjugal rights from one court to another.
Finding of the Court:
The court found that the transfer of the proceedings was warranted in the interest of justice and accordingly allowed the transfer petition.
Issues: Transfer of petition for restitution of conjugal rights to a different court.
Ratio Decidendi: The court considered the interests of justice as the primary factor in allowing the transfer petition.
Final Decision: The court allowed the transfer petition and directed the transfer of the petition for restitution of conjugal rights to a different court.
Legal Category Hierarchy
Table of Contents
2. Transfer of proceedings — Warranted in the interests of justice. (Para 3 )
3. Transfer of matrimonial proceedings — Permissible when warranted in the interests of justice. (Para 3 )
4. Transfer petition allowed — Proceedings for restitution of conjugal rights transferred — Liberty granted to appear via video conferencing. (Para 3 , 4 )
5. On what basis may a court allow a transfer petition for matrimonial proceedings?
A court may allow the transfer of proceedings if it is of the view that such a transfer is warranted in the interests of justice. (Para 3 )
ORDER :
The transfer petition has been instituted for seeking the transfer of a petition for restitution of conjugal rights instituted by the respondent, being FCOP No 875 of 2020, titled as “Akkireddy Karteek Kumar vs Smt Akkireddy Nihaarika” before the court of the Judge, Family Court-cum-V Additional District Judge at Visakhapatnam, Andhra Pradesh to the court of the Principal Senior Civil Judge/competent court, Lothagudem Bhadhradri, Kothagudem District, Telangana.
2. Notice was issued in the transfer petition on 1 March 2021.
3. Having regard to the interests of justice, we are of the view that the order for the transfer of the proceedings is warranted. We accordingly allow the transfer petition and direct that the petition for restitution of conjugal rights instituted by the respondent, being FCOP No 875 of 2020, titled as “ Akkireddy Karteek Kumar vs Smt Akkireddy Nihaarika”, pending before the court of the Judge, Family Court-cum-V Additional District Judge at Visakhapatnam, Andhra Pradesh be transferred to the court of the Principal Senior Civil Judge/competent court, Lothagudem Bhadhradri, Kothagudem District, Telangana.
4. However, the parties are at liberty to apply before the court of the Principal Senior Civil Judge/competent court for appearing through the video conferencing mode.
5. The records of the case shall be transferred to the transferee court forthwith.
6. Pending application, if any, stands disposed of.
