JYOTHI LEENUS DSOUZA THR POA vs LEENUS LOUIS D’SOUZA - 2024-02-14

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 of Petition No. A 527/2022 titled as Leenus Louis D’souza Vs. Jyothi Leenus D’souza pending before Court of the Family Court No.5 Mumbai at Bandra (Maharashtra) to the Family Court Udupi, at Udupi District Karnataka.

(b) Pass such other and further order/orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interests of Justice and Equity.”

It is submitted at the Bar that both the parties are residing overseas while the wife is residing in United Arab Amirates (UAE), the husband is at Thailand. Both parties have appointed their respective Power of Attorneys (POAs) to prosecute and effect their cases respectively.

It was also submitted by learned counsel for the respondent that the respondent’s aged father who is a power of attorney holder for the respondent and it would be difficult for him to travel from Mumbai to Udupi in case the matter is transferred to the Family Court at Udupi rather, it would be easier for the petitioner’s younger brother to travel to Mumbai in case of necessity or liberty may be given to the petitioner or her power of attorney holder to appear through video conferencing facility and hence, the transfer petition may not be allowed.

Although learned counsel for the petitioner sought to persuade us by contending that the matter would be disposed of at an earlier date if it is transferred to the Family Court at Udupi which has lesser number of cases than a Family Court at Bandra but having regard to the fact that the respondent’s father is prosecuting the case on behalf of the respondent and he is elderly person and the burden is on the respondent to prove the allegations made against the petitioner-wife, we find that the interest of justice would be subserved in this case if the transfer of the aforesaid case is not permitted.

However, the petitioner or her Power of Attorney may appear either in-person or through video conferencing facility before the Family Court No.5 Mumbai at Bandra (Maharashtra). If such a request is made, the Court shall make available video conferencing facility to the respondent herein.

Hence, the Transfer Petition is disposed of in the aforesaid terms.

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

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

( B.V. NAGARATHNA )

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

( AUGUSTINE GEORGE MASIH )

NEW DELHI;

FEBRUARY 14, 2024 ITEM NO.1 COURT NO.12 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION(S)(CIVIL) NO(S). 2644/2023 JYOTHI LEENUS DSOUZA THR POA Petitioner(s)

VERSUS LEENUS LOUIS D’SOUZA Respondent(s)

(MEDIATION REPORT RECEIVED.

IA No. 172318/2023 - STAY APPLICATION)

Date : 14-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Anantha Narayana M.G., AOR For Respondent(s) Mr. Rishi Kumar Singh Gautam, AOR Mr. Vinit Gupta, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The Transfer Petition is disposed of in terms of the signed order.

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

(RADHA SHARMA) (MALEKAR NAGARAJ)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)