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SHOBHA v. MANOJ KUMAR

Supreme Court of India | Diary 10005/2024

Status

ROP - of Main Case

Decided On

Bench

HON'BLE MR. JUSTICE PANKAJ MITHAL and HON'BLE MR. JUSTICE R. MAHADEVAN

Petitioner

SHOBHA

Respondent

MANOJ KUMAR

Primary Holding

A transfer petition under matrimonial proceedings may be allowed on grounds of expedience and ends of justice where multiple related cases between the same parties are pending at the transferee court's jurisdiction.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.667/2024 SHOBHA PETITIONER(S) VERSUS MANOJ KUMAR RESPONDENT(S) ORDER The present transfer petition has been filed by the petitioner-wife seeking transfer of the petition filed for restitution of conjugal rights by the respondent-husband bearing HMA No. 659 of 2022, titled as “Shri Manoj Kumar Vs. Smt. Shobha” (subject-case), pending in the Family Court, South East, Saket Court, Delhi to the Family Court, Bihar Sharif, Nalanda, Bihar. Since Mr. Yashraj Singh Deora, learned Advocate-on-Record, who had earlier filed the present petition has been designated as Senior Advocate, Ms. Nidhi, learned Advocate-on-Record, appears for the petitioner-wife. Heard learned counsel for the petitioner. Despite service of notice being completed upon the respondent-husband, no one has entered appearance so far. Considering the fact that there are three other cases between the parties pending at Nalanda,

2 Bihar, we are satisfied that it would be expedient for the ends of justice to transfer the subject- case as asked for by the petitioner-wife. Records shall be sent by the Court where proceedings are pending to the transferee Court promptly and without any delay. A copy of this order be sent to the concerned court for compliance. The Transfer Petition stands allowed accordingly. If video conferencing facility is available with the transferee Court, the benefit of the same shall be extended to the parties. Pending application(s), if any, shall stand disposed of. …………………………………………………...J. [PANKAJ MITHAL] …………………………………………………...J. [R. MAHADEVAN] NEW DELHI; AUGUST 30, 2024.

3 ITEM NO.8 COURT NO.17 SECTION XIV 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. 667/2024 SHOBHA Petitioner(s) VERSUS MANOJ KUMAR Respondent(s) (IA No. 59387/2024 - EX-PARTE STAY IA No. 59389/2024 - EXEMPTION FROM FILING O.T.) Date : 30-08-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Ms. Nidhi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The transfer petition is allowed in terms of the signed order which is placed on the file. Pending application(s), if any, shall stand disposed of. (SNEHA DAS) (VEENA RANI NAGPAL) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.106 REGISTRAR COURT SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Transfer Petition(s)(Civil) No(s). 667/2024 SHOBHA Petitioner(s) VERSUS MANOJ KUMAR Respondent(s) Date : 05-08-2024 This petition was called on for hearing today. For Petitioner(s) Mr. Priyesh Mohan Srivastava, Adv. Ms. Sonal K. Chopra, Adv. Mr. Yashraj Singh Deora, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on the sole respondent but none has entered appearance. Registry to process the matter for listing before the Hon’ble Court, as per rules. SUJATA SINGH Registrar rd

ITEM NO.47 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. PRADIP Y. LADEKAR Transfer Petition(s)(Civil) No(s). 667/2024 SHOBHA Petitioner(s) VERSUS MANOJ KUMAR Respondent(s) Date : 02 - 05 - 2024 This petition was called on for hearing today. For Petitioner(s) Mr. Abhishek Singh, Adv. Mr. Yashraj Singh Deora, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Two weeks time, is granted to Ld. counsel for the petitioner, to take fresh steps and file fresh particulars, to issue notice to sole respondent. List again on 5.8.2024. PRADIP Y. LADEKAR Registrar MG

ITEM NO.1617 COURT NO.6 SECTION XIV 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). 667/2024 SHOBHA Petitioner(s) VERSUS MANOJ KUMAR Respondent(s) (FOR ADMISSION and IA No.59387/2024-EX-PARTE STAY and IA No.59389/2024-EXEMPTION FROM FILING O.T. ) Date : 12-03-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Yashraj Singh Deora, AOR Mr. Abhishek Singh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meanwhile, there shall be stay of further proceedings in petition bearing HMA No. 659/2022, pending before the Family Court at South East District, Saket Court at Delhi. (SONIA BHASIN) COURT MASTER (SH) (DIPTI KHURANA) ASSISTANT REGISTRAR

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