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Pooja Hemani @ Namrata Hemdev vs Manish Hemdev

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

Summary

Issue: Transfer of Divorce Petition
Rule: The Code of Civil Procedure, 1908 (CPC)
Application: The court has the discretion to transfer a case from one court to another under Order X, Rule 1 of the CPC.
Conclusion: The court has not granted the transfer petition and has directed the Family Court at Chennai to conduct the proceedings online if possible and to fix successive/consecutive date(s) for the petitioner's presence in the court.
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.924 OF 2021 POOJA HEMANI @ NAMRATA HEMDEV Petitioner VERSUS MANISH HEMDEV Respondent O R D E R This transfer petition has been filed by the petitioner-wife seeking transfer of divorce petition filed by the respondent- husband in the Court of 5th Additional Principal Judge, Family Court, Chennai, Tamil Nadu to the Court of Principal Judge, Family Court, Varanasi, Uttar Pradesh.
Having heard the learned counsel for the parties and considered the pleadings, this Court is of the opinion that case for transfer is not warranted but in the larger interest of justice, orders for the conduct of the proceedings are warranted. Accordingly, following directions are issued:
a. Upon agreement of the parties, the Family Court at Chennai, shall in the event of availability of SIGN Video/Electronic infrastructure, conduct the proceedings online for the effective participation of both the parties.
b. In the event, the petitioner’s presence is necessary, the Court shall fix such successive/ consecutive date(s) as may be convenient to the petitioner.
The Family Court at Chennai shall decide the case as expeditiously as possible.
The Registry is directed to send a copy of this Order to the Court at Chennai for compliance.
This transfer petition is disposed of in the aforesaid terms.
. J.
[S. RAVINDRA BHAT] NEW DELHI; OCTOBER 04, 2021
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Title

Pooja Hemani @ Namrata Hemdev vs Manish Hemdev

Court

Supreme Court Of India

JudgmentDate
04 October, 2021
Judges
  • S Ravindra Bhat