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2024 Supreme(Online)(SC) 9018

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION(S) (CIVIL) NO(S). 1136/2023 BALLA GANGA BHAVANI Petitioner(s)

VERSUS SHESHADRI B.S. Respondent(s)

O R D E R

Ms. Tejinder Kaur, learned counsel appearing for the respondent, pleads no instructions, although the respondent was served and participated in the process of mediation. It appears that the respondent is evading the orders from this Court, therefore, counsel pleads no instructions.

The petitioner – wife has filed this Transfer Petition seeking transfer of M. C. No. 223 of 2020 titled as “Sheshadri B. S. Vs. Balla Ganga Bhavani” from the Court of VI Additional District & Sessions Judge, Bengaluru, Karnataka to the Court of Civil Judge at Amalapuram, B. R. Ambedkar Konaseema District, Signature Not Verified Digitally signAed byndhra Pradesh.

Jayant Kumar Arora Date: 2024.02.24

11:53:29 IST Reason:

After hearing learned counsel for the petitioner and in the above fact situation, we accept service on respondent as complete and considering the reasons as stated in the Transfer Petition, we are inclined to allow this Transfer Petition. In our view, it would be inconvenient to the petitioner (wife), who is staying in Amalapuram, Andhra Pradesh to attend the proceedings at Bengaluru, Karnataka.

In view of the foregoing and having considered the facts and circumstances of the case, we deem it appropriate to allow this transfer petition. Accordingly, M. C. No. 223 of 2020 titled as “Sheshadri B. S. Vs. Balla Ganga Bhavani” is ordered to be transferred from the Court of VI Additional District & Sessions Judge, Bengaluru, Karnataka to the II Additional District & Sessions Judge at Amalapuram, Andhra Pradesh, who may assign the case to a court of competent jurisdiction.

Needless to observe that the transferee court may allow the presence of the respondent (husband) on virtual platform without insisting for his presence on every date until required necessarily.

Let the records of the case be transferred to the transferee court without delay and an intimation be sent to both the courts through e-mail for compliance.

The Transfer Petition is, accordingly, allowed.

Pending application(s), if any, shall stand disposed of.

…….....……….................J.

[J. K. MAHESHWARI]

………….……...................J.

[SANJAY KAROL]

NEW DELHI;

FEBRUARY 21, 2024.

ITEM NO.4 COURT NO.9 SECTION IV-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). 1136/2023 BALLA GANGA BHAVANI Petitioner(s)

VERSUS SHESHADRI B.S. Respondent(s)

(FOR ADMISSION)

(IA No. 88820/2023 - EX-PARTE STAY)

Date : 21-02-2024 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Somanatha Padhan, AOR Mr. A. V. S. Raju, Adv.

Mr. G. V. N. Suresh, Adv.

Mr. B. Paramesh, Adv.

For Respondent(s) Ms. Tejinder Kaur, Adv.

Mr. Niraj Gupta, Adv. Mr. Satish Kumar, AOR UPON hearing the counsel the Court made the following

O R D E R

The Transfer Petition is allowed in terms of the signed order.

Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA) (BEENA JOLLY)

ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file)

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