SUPREME COURT OF INDIA
HEENA S/D/W/Thru:- RAHUL : H NO 322/12 WARD NO 20, NEAR JAAT SCHOOL, ASHOKA GARDEN COLONY , KITHAL , DISTRICT: KAITHAL ,KAITHAL , HARYANA – Appellant
Versus
RAHUL S/D/W/Thru:- SUBHASH CHAND GOYAL : H NO 187, MANGLA PANTNAGAR, TEHSIL KICHHA , DISTRICT: UDHAM SINGH NAGAR ,NEW DELHI , DELHI – Respondent
None 000554/2018
SECTION XVIA
IN THE SUPREME COURT OF INDIA
LISTED ON :
CIVIL ORIGINAL JURISDICTION
COURT No. : (Chamber matter)
ITEM No. :
TRANSFER PETITION (CIVIL) No. 554 of 2018
WITH
INTERLOCUTORY APPLICATION No. 49207 of 2018
(Application for stay)
HEENA
....Petitioner
VERSUS
RAHUL
....Respondent
OFFICE REPORT ON DEFAULT
The Transfer Petition above mentioned was listed before the Hon'ble Court on
11th April 2018, when the Court was pleased to pass the following Order:
“Issue notice.
In the meantime, further proceedings in Case
Family Petition No.22 of 2018 titled “Rahul Vs. Smt.
Heena”, pending before the Family Judge, Family Court,
District Udham Singh Nagar (Rudrapur), Uttarakhand,
shall remain stayed.”
Accordingly, notice was issued to the Sole Respondent through Registered
A.D. Post on 4th May, 2018.
It is submitted that unserved cover containing the notice has been received
back from the sole respondent with postal remarks “addressee left, hence, returned
to sender”.
Thereafter, the matter abovementioned was listed before the Ld. Registrar
Court on 12th July 2018, when the following Order was passed :
“As per postal remarks process issued to the
sole respondent received back with report that
“Addressee left”.
Ld. Counsel for the petitioner pointed out that
he has already furnished the second address of the
respondent/husband which is mentioned at Page No. BD,
i.e House No. 3839, Pocket 8, Sector 24, Rohini, New
Delhi.
Ld. Counsel for the petitioner shall within a
period of two weeks take fresh steps. Thereafter notice
be issued with utmost dispatch to the respondent on the
aforesaid address.
List again on 28.8.2018.”
Contd...2/
2
Accordingly, fresh notice was issued to the sole respondent through
Registered A.D. Post on 1st August, 2018 at the second (fresh) address.
It is submitted that as per latest postal tracking report, notice is in the course
of transit (report is not updated after 4th August, 2018 at the Indiapost website),
further, neither A.D. Card nor unserved cover containing the notice has been
received back from the sole respondent from the second (fresh) address so far.
Thereafter, the matter abovementioned was listed before the Ld. Registrar
Court on 28th September 2018, when the following Order was passed :
“Service report qua sole respondent is awaited.
Ld.counsel for the petitioner seeks service upon
sole respondent through the concerned Trial Court.
Permitted. He is directed to file the spare copy and
furnish the particulars of the above said Court within
two weeks. Thereafter, Registry shall issue notice to
the sole respondent to be served upon him by the
process of concerned Court.
List the matter again on 29.11.2018.”
It is submitted that Ld. Counsel for the Petitioner has neither filed fresh spare
copy of the Transfer Petition nor filed particulars of the trial Court (as the
respondent’s fresh address is of Rohini, Delhi and the matrimonial case is pending
before the Family Court, District Udham Singh Nagar (Rudrapur), Uttarakhand ) with
a result fresh show cause notice could not be issued on the sole respondent so far.
Thereafter, the matter abovementioned was listed before the Ld. Registrar
Court from time to time and lastly listed on 30th January 2019, when the following
Order was passed :
“Despite grant of last opportunity, Ld.counsel
for the petitioner has not taken fresh steps and also
failed to furnish fresh particulars of Trial Court for
effecting service upon sole respondent. Therefore, the
matter be processed for listing before the Hon’ble
Judge in Chambers for further orders.”
Service of show cause notice is not complete.
The default on the part of the Ld. Counsel for the Petitioner is reported to the
Hon’ble Judge in Chambers with t