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2024 Supreme(Online)(SC) 464

1

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) Diary No(s). 1292/2024

PRAVAT KUMAR KUNDU Petitioner(s)

VERSUS

RANJITA SAHU Respondent(s)

ORDER

1. The petitioner is before this Court seeking transfer of Case titled as “RANJITA SAHU Vs. PRAVAT KUMAR KUNDU”

bearing Civil Proceeding No. 318 of 2023, pending before the Family court, Bhubaneshwar, Odisha to the Family Court, Chennai, Tamilnadu.

2. Heard learned counsel for the parties and perused the petition papers including the counter affidavit filed on behalf of the respondent.

3. Taking into consideration the fact situation including the fact that the respondent-wife, is, in fact, employed in Chennai and has retained a residential accommodation, even as on 19.01.2024, the convenience of the paries would require that the prayer made in the petition seeking transfer of the case be accepted.

4. The learned counsel for the respondent would however, Digitally signed by Nisha Khulbey Date: 2024.03.23 12:24:05 IST Reason:

    Signature Not Verified point out that though, the employer of the respondent- wife is in Chennai, presently, she is working through virtual mode from her residence in Bhubaneshwar, Odisha.

5. Keeping this aspect in view, I am of the opinion that though it would be appropriate to transfer the petition to the place as sought herein, in the facts of the present case, liberty is granted 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 personal presence only when it becomes absolutely necessary.

6. In the process, if, examination of the witnesses becomes necessary, if such examination is sought through Commission, the Transferee Court shall also permit the same. The Transferee Court may also make all efforts to dispose of the matter as expeditiously as possible.

7. The transfer petition accordingly stands allowed.

The, Case titled as “RANJITA SAHU Vs. PRAVAT KUMAR KUNDU”

bearing Civil Proceeding No. 318 of 2023 is ordered to be transferred from the Family Court, Bhubaneshwar, Odisha to the Family Court, Chennai, Tamilnadu.

8. The records of the case be transferred to the Transferee Court forthwith.

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

...................J. (A.S. BOPANNA) New Delhi 19th March, 2024 ITEM NO.1608 COURT NO.6 SECTION XI-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) Diary No(s). 1292/2024 PRAVAT KUMAR KUNDU Petitioner(s) VERSUS RANJITA SAHU Respondent(s) (FOR ADMISSION and IA No.37010/2024-EX-PARTE STAY and IA No.43013/2024-EXEMPTION FROM FILING O.T. and IA No.37007/2024- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.43012/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 19-03-2024 This petition was called on for hearing today.

CORAM :

    HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. M Yogesh Kanna, Adv. Mr. S. Prabu Ramasubramanian, Adv. Mr. Raghunatha Sethupathy B, AOR Mr. S. Sabari Bala Pandian, Adv. Mr. M. Vishal Sundaramughan, Adv. Ms. Monica Saini, Adv. For Respondent(s) Ms. Anvita Dwivedi, Adv. Mr. Srisatya Mohanty, AOR UPON hearing the counsel the Court made the following O R D E R The petition is allowed in terms of the signed order.
    Pending application(s), if any, shall stand disposed of.
    (NISHA KHULBEY) (VEENA RANI NAGAPAL) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (signed order is placed on the file)
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