IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 1196 OF 2024 DIPTIMAYEE MISHRA ..... PETITIONER(S)

VERSUS HARA KUMAR RATH & ANR. ..... RESPONDENT(S)

O R D E R

Service of notice qua respondent No. 2 was dispensed with, vide order dated 25.04.2025.

As per the office report, respondent No. 1 has been served.

However, he has chosen not to enter appearance.

It may be noted that, by order dated 06.05.2024, while issuing notice, the proceedings in C.P. No. 107/2023, titled "Hara Kumar Rath vs. Diptimayee Mishra & Anr.", pending before the Family Court, District Dhenkanal, Odisha, were stayed. It is, therefore, apparent that respondent No. 1 would be aware of the pendency of the present petition. The said respondent is, therefore, set ex parte.

Having given due consideration to the contentions raised by the petitioner, the averments made in the transfer petition and in the interest of justice, the transfer petition is allowed.

Accordingly, C.P. No. 107/2023, titled "Hara Kumar Rath vs.

Signature Not Verified Diptimayee Mishra & Anr.", pending before the Family Court, Deepak Guglani Date: 2025.05.09 Reason:

District Dhenkanal, Odisha, is directed to be transferred to the Court of the learned Principal Family Judge, Bengaluru, Karnataka.

Records of the case shall be immediately transferred to the transferee Court.

To cut short the delay, parties are directed to appear before the transferee Court on 23.07.2025. On the said date and thereafter, the parties may appear in person or through their authorized representatives or through video-conferencing, if the said facility is available in the transferee Court. In case there is non-appearance on behalf of any party on the date fixed by this Court, notice shall be issued by the transferee Court to the defaulting party.

The parties may explore the possibility of settlement through mediation. The transferee Court may obtain the desire and wishes of the parties and proceed accordingly in this regard.

The transferee Court shall decide the matter expeditiously.

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

.................CJI (SANJIV KHANNA)

..................J.

(SANJAY KUMAR)

NEW DELHI;

MAY 08, 2025.

ITEM NO.1 COURT NO.1 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) No. 1196/2024 DIPTIMAYEE MISHRA Petitioner(s)

VERSUS HARA KUMAR RATH & ANR. Respondent(s)

(FOR ADMISSION and IA No. 103316/2024 - EX-PARTE STAY)

Date : 08-05-2025 This matter was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) :

Mr. Aditya Narayan Tripathy, Adv.

Mr. Kedar Nath Tripathy, AOR 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(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (R.S. NARAYANAN)

AR-CUM-PS ASSISTANT REGISTRAR (signed order is placed on the file)