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Deepa Mohan Naik vs Chandra Bhusan Pal

Supreme Court Of India|04 October, 2021
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JUDGMENT / ORDER

Summary

Issue: Issue 1: Transfer of proceedings from one court to another
Rule: Rule: Section 22 of the Code of Civil Procedure, 1908
Application: Application: The court has transferred the proceedings from the Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar to the Court of Civil Judge Senior Division, Panaji, Goa.
Conclusion: Conclusion: The Supreme Court has transferred the proceedings from one court to another, as permitted by Section 22 of the Code of Civil Procedure, 1908. This transfer is likely to have an impact on both parties, as they will have to appear before a different court and may need to engage new counsel.
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.2241 OF 2018 DEEPA MOHAN NAIK Petitioner VERSUS CHANDRA BHUSAN PAL Respondent O R D E R This transfer petition has been filed by the petitioner-wife seeking transfer of petition filed by the respondent-husband in the Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar to the Court of Civil Judge Senior Division, Panaji, Goa.
Having heard learned counsel for the parties, this Court is of the opinion that another attempt for securing an amicable settlement through mediation should be made by the parties.
Considering the facts and circumstances on the record and overall interest of justice, this Court is of the opinion that request for transfer of proceedings from the Court at Bhojpur, Ara, Bihar to the Court at Panaji, Goa, is justified.
Consequently, the petition being Matrimonial Case No.84 of 2017, titled as “Chandra Bhusan Pal v. Deepa Mohan Naik”, pending in the Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar SIGiN s transferred to the Court of Civil Judge Senior Division, Panaji, Goa.
The Family Court at Bhojpur, Ara, Bihar is directed to transmit the entire record to the transferee Court immediately.
The transferee Court shall in the first instance refer the parties to the Mediation Centre of the Bombay High Court, Goa Bench. The Mediation Centre shall conduct the proceedings as per the choice of the parties - if so required by Video-Conferencing mode as well.
The transferee Court shall not proceed with the case for eight weeks, during which period the mediation proceedings may be pending. In case no settlement is arrived at between the parties, the case shall be taken up after said period of eight weeks. This period shall commence from the date of receipt of the papers from the Court at Bhojpur, Ara, Bihar alongwith the order of this Court.
The transferee Court shall decide the case so transferred as expeditiously as possible.
The Registry is directed to send a copy of this Order to both the Courts immediately for compliance.
This transfer petition is allowed accordingly.
. J.
[S. RAVINDRA BHAT] NEW DELHI; OCTOBER 04, 2021
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Title

Deepa Mohan Naik vs Chandra Bhusan Pal

Court

Supreme Court Of India

JudgmentDate
04 October, 2021
Judges
  • S Ravindra Bhat