2024 Supreme(Online)(SC) 9084
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ANURADHA V Petitioner(s)
VERSUS PRASHANT GOPINATH CHAVAN Respondent(s)
O R D E R
The petitioner (wife) has filed this transfer petition seeking transfer of M.C. No. 7612 of 2022 titled as Prashant Gopinath Chavan v. Anuradha V filed by the respondent (husband) under Section 13(1)(ia) of the Hindu Marriage Act, 1955, pending in the Court of Principal Family Judge, Bengaluru, Karnataka, to the Court of Principal Judge, Family Court, Bandra, Mumbai, Maharashtra.
Despite service of notice on the respondent(husband), no one has entered appearance on his behalf to oppose the prayer as made in the transfer petition.
Signature Not Verified D Ni ig di hta i l Aly h s ui jg aned by Having heard learned counsel for the petitioner and Date: 2024.05.07
17:38:44 IST Reason:
considering the fact that two minor children are with the petitioner and the distance between Bengaluru, Karnataka and Bandra, Mumbai, is more than 1000 kilometers, and therefore, it would be inconvenient to the petitioner to attend the proceedings at Bengaluru, Karnataka, we deem it appropriate to allow this transfer petition. Accordingly, M.C. No. 7612 of 2022 titled as Prashant Gopinath Chavan v. Anuradha V filed by the respondent (husband) under Section 13(1)(ia) of the Hindu Marriage Act, 1955, pending in the Court of Principal Family Judge, Bengaluru, Karnataka, is ordered to be transferred to Family Court, Bandra, Mumbai, Maharashtra.
However, the transferee Court shall make an endeavour to issue notice to the respondent (husband) and secure his presence in the matter taking recourse as permissible.
It is further required to be observed that on appearance, if the husband wishes to join the proceedings by virtual mode, the Court shall ordinarily permit him until his presence is essentially required.
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 shall stand disposed of.
………………………………………., J.
[ J.K. MAHESHWARI ]
………………………………………., J.
[ SANJAY KAROL ]
New Delhi;
April 24, 2024.
ITEM NO.5 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 (Civil) No. 3193/2023 ANURADHA V Petitioner(s)
VERSUS PRASHANT GOPINATH CHAVAN Respondent(s)
(IA No. 249086/2023 - EX-PARTE STAY)
Date : 24-04-2024 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. Ekansh Bansal, AOR Ms. Vivya Nagpal, Adv.
Mr. Tejasvi Kumar, Adv.
Mr. Syed Sarfaraz Karim, Adv.
Mr. Mudit Talesara, Adv.
Mr. Arif Md Yeasin Jwadder, Adv.
For Respondent(s)
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 application shall stand disposed of.
(NIDHI AHUJA) (POOJA SHARMA) AR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file.]