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GEETA SHUKLA . v. RAMESH CHANDRA SHUKLA

Supreme Court of India | Diary 10014/2015

Status

ROP - of Main Case

Decided On

15-07-2016

Bench

Petitioner

GEETA SHUKLA .

Respondent

RAMESH CHANDRA SHUKLA

Primary Holding

Under Section 25 of the Code of Civil Procedure, the Supreme Court may transfer matrimonial proceedings between Family Courts across different states where the convenience and interests of the petitioner-wife justify such transfer.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 560 OF 2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) O R D E R Even on second call, none appears on behalf of the Sole Respondent. We have heard learned counsel appearing for the petitioners. For the grounds stated in the Transfer Petition, we are satisfied that the prayer made on behalf of the petitioner-wife for transfer of Petition No. 140 of 2015 titled as “Ramesh Chandra Shukla vs. Pratham Shukla & Anr.” pending before the Principal Judge, Family Court, Sultanpur, U.P. to the Court of Principal Judge, Family Courts, District-North, Rohini, Delhi is justified and is fit to be allowed. We, accordingly, direct transfer of Petition No. 140 of 2015 titled as “Ramesh Chandra Shukla vs. Pratham Shukla & Anr.” pending before the Principal Judge, Family Court, Sultanpur, U.P. to the Court of Principal Judge, Family Courts, District-North, Rohini, Delhi. Let the records of the case be transferred without delay. The transfer petition is allowed in the afore-stated terms. .......................... J. (PINAKI CHANDRA GHOSE) .......................... J. (AMITAVA ROY) New Delhi; July 15, 2016.

ITEM NO.41 COURT NO.10 SECTION XVIA 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). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (with appln. (s) for stay and office report) Date : 15/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Aseem Mehrotra, Adv. For Mr. Abhijat P. Medh, AOR For Respondent(s) Ms. Nidhi, AOR (N.P.) 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. Pending application stands disposed of. (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master (Signed order is placed on the file)

SECTION XVI-A IN THE SUPREME COURT OF INDIA LISTE D ON : 15.7.2016 CIVIL ORIGINAL JURISDICTION COURT NO. : 10 ITEM NO. : 41 TRANSFER PETITION (CIVIL) NO. 560 OF 2015 WITH INTERLOCUTORY APPLICATION NO. 1 OF 2015 (Application for Ex-Parte stay) GEETA SHUKLA & ANR. .. ...Petition ers VERSUS RAMESH CHANDRA SHUKLA ....Respondent OFFICE REPORT The Transfer Petition above mentioned was listed before the Hon'ble Court on 17 th April, 2015 when the Court was pleased to pass the following order: “Issue notice. There shall be stay of further proceedings in Petition No. 140 of 2015 titled as Ramesh Chandra Shukla versus Pratham Shukla and another pending before the Principal Judge, Family Court, Sultanpur (U.P.).” Accordingly notice was issued to the Sole Respondent through Registered A.D. Post on 12 th May, 2015. It is submitted that Ms. Nidhi, Advocate has on 4 th February, 2016 filed Vakalatnama on behalf of sole Respondent. Service of show cause notice is complete. The matter above mentioned is listed before the Hon'ble Court with this Office Report. Dated this the 14 th day of July, 2016. ASSISTANT REGISTRAR Copy to : Mr. Abhijit P. Medh , Advocate Ms. Nidhi, Advocate ASSISTANT REGISTRAR

hIN THE SUPREME COURT OF INDIACIVIL ORIGINAL JURISDICTIONTRANSFER PETITION (C) NO. 560 OF 2015GEETA SHUKLA & ANR. Petitioner(s) VERSUSRAMESH CHANDRA SHUKLA Respondent(s)O R D E REven on second call, none appears on behalf of the SoleRespondent. We have heard learned counsel appearing for the petitioners. For the grounds stated in the Transfer Petition, we aresatisfied that the prayer made on behalf of the petitioner-wifefor transfer of Petition No. 140 of 2015 titled as ⬠SRamesh ChandraShukla vs. Pratham Shukla & Anr.⬠\235 pending before the PrincipalJudge, Family Court, Sultanpur, U.P. to the Court of PrincipalJudge, Family Courts, District-North, Rohini, Delhi is justifiedand is fit to be allowed.We, accordingly, direct transfer of Petition No. 140 of 2015titled as ⬠SRamesh Chandra Shukla vs. Pratham Shukla & Anr.⬠\235pending before the Principal Judge, Family Court, Sultanpur, U.P.to the Court of Principal Judge, Family Courts, District-North,Rohini, Delhi. Let the records of the case be transferred without delay. The transfer petition is allowed in the afore-stated terms. .......................... J. (PINAKI CHANDRA GHOSE) .......................... J. (AMITAVA ROY)New Delhi;July 15, 2016.ITEM NO.41 COURT NO.10 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTransfer Petition(s)(Civil) No(s). 560/2015GEETA SHUKLA & ANR. Petitioner(s) VERSUSRAMESH CHANDRA SHUKLA Respondent(s)(with appln. (s) for stay and office report)Date : 15/07/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROYFor Petitioner(s) Mr. Aseem Mehrotra, Adv. For Mr. Abhijat P. Medh, AOR For Respondent(s) Ms. Nidhi, AOR (N.P.) 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.Pending application stands disposed of.(R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master(Signed order is placed on the file)

ITEM NO.36 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (with appln. (s) for stay and office report) Date : 04/02/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. List the matter again on 18.03.2016. (M V RAMESH) Registrar SB

ITEM NO.36 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESHTransfer Petition(s)(Civil) No(s). 560/2015GEETA SHUKLA & ANR. Petitioner(s) VERSUSRAMESH CHANDRA SHUKLA Respondent(s)(with appln. (s) for stay and office report)Date : 04/02/2016 This petition was called on for hearing today.For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RAwait the return of the service of notice already issued to thesole respondent.List the matter again on 18.03.2016. (M V RAMESH) RegistrarSB

ITEM NO.42 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (with appln. (s) for stay and office report) Date : 26/11/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner is directed to take fresh steps in respect of the sole respondent within four weeks. List the matter again on 04.02.2016. (M V RAMESH) Registrar SB

î ITEM NO.42 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (with appln. (s) for stay and office report) Date : 26/11/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner is directed to take fresh steps in respect of the sole respondent within four weeks. List the matter again on 04.02.2016. (M V RAMESH) Registrar SBSignature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2015.11.2615:55:02 TLTReason:

ITEM NO.49 REGISTRAR COURT. 2 SECTION XVIA 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 DR. K. ARUL Transfer Petition(s)(Civil) No(s). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (With appln. (s) for stay and office report) Date : 08/09/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R There is sole respondent for whom process is still awaited. Await service and list it again on 26.11.2015. (K. ARUL) Registrar

* ITEM NO.49 REGISTRAR COURT. 2 SECTION XVIA 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 DR. K. ARUL Transfer Petition(s)(Civil) No(s). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (With appln. (s) for stay and office report) Date : 08/09/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R There is sole respondent for whom process is still awaited. Await service and list it again on 26.11.2015. (K. ARUL) RegistrarSignature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2015.09.1015:54:32 TLTReason:

ITEM NO.80 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M K HANJURA Transfer Petition(s)(Civil) No(s). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (with appln. (s) for stay and office report) Date : 03/07/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. List again on 8.09.2015. (M K HANJURA) Registrar SB

\214 ITEM NO.80 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M K HANJURA Transfer Petition(s)(Civil) No(s). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (with appln. (s) for stay and office report) Date : 03/07/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. List again on 8.09.2015. (M K HANJURA) Registrar SBSignature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2015.07.0616:17:10 ISTReason:

ITEM NO.9 COURT NO.10 SECTION XVIA 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). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (with appln. (s) for exemption from filing O.T. and ex-parte stay) Date : 17/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. There shall be stay of further proceedings in Petition No. 140 of 2015 titled as Ramesh Chandra Shukla versus Pratham Shukla and another pending before the Principal Judge, Family Court, Sultanpur (U.P.). [INDU POKHRIYAL ] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.

ITEM NO.9 COURT NO.10 SECTION XVIA 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). 560/2015 GEETA SHUKLA & ANR. Petitioner(s) VERSUS RAMESH CHANDRA SHUKLA Respondent(s) (with appln. (s) for exemption from filing O.T. and ex-parte stay) Date : 17/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Abhijat P. Medh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. There shall be stay of further proceedings in Petition No. 140 of 2015 titled as Ramesh Chandra Shukla versus Pratham Shukla and another pending before the Principal Judge, Family Court, Sultanpur (U.P.). [INDU POKHRIYAL] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.Signature Not VerifiedDigitally signed bySukhbir Paul KaurDate: 2015.04.1716:55:20 ISTReason:

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