RACHAKULLA DEEPTHI vs RACHAKULLA VENKATA RAMA SRIKANTH - 2024-01-16

O R D E R

The instant Miscellaneous Application has been filed for

reviving the Transfer Petition (C) No. 3142 of 2023 which was

dismissed vide Order dated 04.12.2023, primarily on the

submissions made by the learned counsel for the respondent that

the trial has been completed and arguments are to be advanced

on main matter. However, while dismissing the Transfer Petition

liberty was given to the petitioner for reviving the Transfer

petitioner if the statement made by the counsel for the

respondent is found to be untrue. As per the learned counsel

for the petitioner, opposite party had made an erroneous

statement.

Heard learned counsel for the respective parties.

Considering the reasons so stated in the application for revival of the Transfer Petition, IA No. 262376 of 2023 is allowed and Transfer Petition is restored to its original number.

In view of the above, the Miscellaneous Application is disposed of.

The petitioner-wife has filed this transfer petition under Section 25 of the Code of Civil Procedure, 1908 before this Court seeking transfer of Divorce Proceeding FCOP No. 1099 of 2019 titled “Mr. Rachakulla Venkata Rama Srikanth vs. Mrs. Rachakulla Deepthi” pending before the Court of Family Judge Rangareddy District at LB Nagar, Telangana to the competent Court of Family Judge, Vishakapatnam, Andhra Pradesh.

Having heard learned counsel for the parties and taking into consideration the grounds taken in the transfer petition, I am satisfied that prayer made on behalf of the petitioner- wife is justified and deserves to be allowed.

I, accordingly, direct the transfer of Divorce Proceeding FCOP No. 1099 of 2019 titled “Mr. Rachakulla Venkata Rama Srikanth vs. Mrs. Rachakulla Deepthi” pending before the Court of Family Judge Rangareddy District at LB Nagar, Telangana to the competent Court of Family Judge, Vishakapatnam, Andhra Pradesh.

Let the record of the case be transferred without delay.

Further, the respondent-husband is permitted to make a request to the transferee Court for appearance by virtual mode or for tendering the evidence. If such request is made, the transferee Court would be at liberty to consider the same in accordance with law.

The Transfer Petition is allowed in the afore-stated terms.

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

……………………………………………………………J.

[ARAVIND KUMAR]

NEW DELHI;

JANUARY 16, 2024 ITEM NO.1601 COURT NO.14 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 34/2024 in T.P.(C) No. 3142/2023

(Arising out of impugned final judgment and order dated 04-12-2023 in T.P.(C) No. No. 3142/2023 passed by the Supreme Court Of India)

RACHAKULLA DEEPTHI Petitioner(s)

VERSUS RACHAKULLA VENKATA RAMA SRIKANTH Respondent(s)

(FOR ADMISSION and IA No.262376/2023-APPROPRIATE ORDERS/DIRECTIONS )

Date : 16-01-2024 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) M/S. S & S Legal, AOR Mr. Shahid Anwar, Adv.

Mr. Shafiuddin Yakub Ali, Adv.

Ms. Vara Laxmi P, Adv.

Ms. Nikish Kumari, Adv.

Mr. Harish Ahmad Minhaj, Adv.

For Respondent(s) Mr. Manoj Kumar Srivastava, AOR Mr. Himanshu, Adv.

UPON hearing the counsel the Court made the following

O R D E R

In terms of the Signed Order, IA No. 262376 of 2023 is allowed and Transfer Petition is restored to its original number.

Accordingly, the Miscellaneous Application is disposed of.

The Transfer Petition is allowed.

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

(KAPIL TANDON) (VEENA RANI NAGPAL)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed Order is placed on the file)