2024 Supreme(Online)(SC) 2215
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 434 OF 2024
PAYEL KUMARI (CHAKRABORTY) PETITIONER(S)
VERSUS
SRIKANTA CHAKRABORTY RESPONDENT(S)
The petitioner-wife has filed the petition under Section 25 of the Code of Civil Procedure, 1908 before this Court seeking transfer of Matrimonial Suit No. 237 of 2023 titled “Srikanta Chakraborty Vs. Payel Kumari (Chakraborty)”, pending before the Court of District Judge, Birbhum at Suri (West Bengal) to the Court of Principal Judge, Family Court, Deoghar, Jharkhand.
Having heard learned counsel for the parties and taking into consideration the grounds taken in the transfer petition, we direct the transfer of Matrimonial Suit No. 237 of 2023 titled “Srikanta Chakraborty Vs. Payel Kumari (Chakraborty)”,
pending before the Court of District Judge, Birbhum at Suri (West Bengal) to the Court of Principal Judge, Family Court, Deoghar, Jharkhand.
Let the record of the case be transferred without delay.
Digitally signed by Rajni Mukhi Date: 2024.04.04 16:36:29 IST Reason:
- Signature Not Verified T.P.(C) NO. 434 OF 2024 Further, in the facts of the present case, we grant liberty to the respondent to make an appropriate application before the transferee court to permit the respondent to take part in proceedings through virtual mode. If such request is made, the transferee Court shall take note of the same and permit the respondent and insist on the physical presence only when it becomes absolutely necessary.
- Even at the stage of examination of witnesses if there are outstation witnesses liberty is granted to seek examination through Commission.
- The Transfer Petition is allowed in the afore-stated terms.
- Pending application(s), if any, shall stand disposed of.
- ………………………………………………………J.
- (A.S. BOPANNA) ………………………………………………………J.
- (SUDHANSHU DHULIA) NEW DELHI;
03rd April , 2024 ITEM NO.4 COURT NO.6 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (C) No. 434/2024 PAYEL KUMARI (CHAKRABORTY) Petitioner(s) VERSUS SRIKANTA CHAKRABORTY Respondent(s) (IA No. 32659/2024 - EX-PARTE STAY) Date : 03-04-2024 These matters were called on for hearing today.
CORAM :
- HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Aabhas Parimal, Adv. Mr. Jamnesh Kumar, Adv. Mr. Chandra Pratap, Adv. Mr. Rajpal Singh, Adv. Mr. Ashutosh Thakur, AOR For Respondent(s) Mr. Abhijeet Upadhyaya, Adv. Mr. Ravi Shankar Jha, Adv. Mr. Kushagra Pandey, AOR UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is allowed in terms of signed order.
- Pending application(s) shall stand disposed of.
- (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)