JAYALAKSHMI T vs SAM ARUL DASAN B - 2024-01-11

O R D E R

This is a petition filed under Section 25 of the Code of Civil Procedure, 1908 (for short “CPC”). The petitioner is the wife of the respondent. The petitioner has filed this Transfer Petition seeking the following reliefs:

“(a) transfer the case being M.C. No. 5722 of 2022 titled as “Sam Arul Dasan B. vs. Jayalakshmi T”, pending before the 1st Addl. Principal Judge Family Court, Bangalore, Karnataka to the Court of Principal Judge, Family Court, Madurai (Tamil Nadu);

(b) Pass such other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”

We have heard learned counsel for both the parties.

Having heard learned counsel for the petitioner and on perusal of the material on record, we find that the petitioner has made out a case for transfer of the aforesaid petition.

In the result, the Transfer Petition is allowed and M.C. No.

5722 of 2022 titled as “Sam Arul Dasan B. vs. Jayalakshmi T”, pending before the 1st Addl. Principal Judge Family Court, Bangalore, Karnataka is ordered to be transferred to the Court of Principal Judge, Family Court, Madurai (Tamil Nadu)

Registry to communicate this order to the transferor court for taking steps in accordance with this order.

T.P.(C) NO. 655/2023 However, liberty is reserved to the respondent to appear before the Court in the aforesaid matter either in person or through video conferencing facility. If such a request is made, the Court shall make available video conferencing facility to the respondent herein.

Respondent’s counsel has sought permission to withdraw his application filed under Article 142 of the Constitution of India. He further submitted that the withdrawal of the said application may not come in the way of the respondent pursuing the divorce petition before the transferee Court. His submission is placed on record and accepted. The application is dismissed as withdrawn with the aforesaid observations.

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

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

( B.V. NAGARATHNA )

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

( SANJAY KAROL )

NEW DELHI;

JANUARY 11, 2024 ITEM NO.1 COURT NO.12 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. 655/2023 JAYALAKSHMI T Petitioner(s)

VERSUS SAM ARUL DASAN B Respondent(s)

(Mediation Report received.

IA No. 52556/2023 - EX-PARTE STAY IA No. 101945/2023 - EXEMPTION FROM FILING AFFIDAVIT)

Date : 11-01-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. V.M. Eashwar, Adv.

Mr. U. Saimani, Adv.

Mr. Shrey Singh, Adv.

Mahimi Antoni J., Adv.

Mr. B. Kamalanthan, Adv.

Mr. S. Thehhavan, Adv.

Mr. Bholle Taguru Phaneendra, Adv.

Mr. N. Sakthivel, Adv.

Mr. Praveen Kumar Jha , AOR For Respondent(s) Mr. Mandeep Kalra, AOR Ms. Suvangana Agarwal, Adv.

Mr. Rishabh Lekhi, Adv.

Ms. Chitrangada Singh, Adv.

Ms. Radhika Jalan, Adv.

Ms. Shalini Haldar, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The transfer petition is allowed in terms of signed order.

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

(NEETA SAPRA) (MALEKAR NAGARAJ)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)