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PAVANI NADIMPALLY v. MUTUPURU ADITYA

Supreme Court of India | Diary 10015/2021

Status

ROP - of Main Case

Decided On

28-04-2022

Bench

HON'BLE MR. JUSTICE HEMANT GUPTA

Petitioner

PAVANI NADIMPALLY

Respondent

MUTUPURU ADITYA

Primary Holding

In matrimonial matters transferred under Section 25 CPC, the transferee court may permit a party to appear virtually on fixed hearing dates, balancing convenience of parties with the requirement of adjudication.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 871 OF 2021 PAVANI NADIMPALLY Petitioner(s) VERSUS MUTUPURU ADITYA Respondent(s) O R D E R Having gone through this transfer petition filed under Section 25 of the Code of Civil Procedure and considering the facts and circumstances of the case, I deem it fit and proper to transfer O.P. No. 666 of 2020 titled as “Mutupuru Aditya Vs. Pavani Nandimpally” from the Court of XV Additional District & Sessions Judge-cum-Family Court, R.R. District, Kukatpally, Telangana to the Family Court at Guntur, Andhra Pradesh. Ordered accordingly. The learned counsel for the respondent states that the respondent is working in an IT Company at Hyderabad and it will be difficult for him to attend the court hearings at Guntur on each and every date fixed. The physical presence may not be required being a family matter. The respondent would make himself available on such dates as may be directed by the Court. It shall be open to the respondent-husband to seek virtual presence before the Family Court at

2 Guntur on such dates fixed by the Family Court for hearing of the matrimonial matter, on an application which may be filed by him. The Registry is directed to immediately transmit a copy of this order to both the Courts. .......................J. [ HEMANT GUPTA ] New Delhi; APRIL 28, 2022.

3 ITEM NO.1609 COURT NO.11 SECTION XVI-A 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). 871/2021 PAVANI NADIMPALLY Petitioner(s) VERSUS MUTUPURU ADITYA Respondent(s) Date : 28-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. Gopal Jha, AOR For Respondent(s) Mr. K. S. Rama Rao, Adv. Mr. Shree Pal Singh, AOR 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 interlocutory application(s), if any, is/are disposed of. (JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER (Signed order is placed on the file)

R E V I S E D ITEM NO.27 Court 11 (Video Conferencing) SECTION XVI-A 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). 871/2021 PAVANI NADIMPALLY Petitioner(s) VERSUS MUTUPURU ADITYA Respondent(s) (FOR ADMISSION and IA No.53323/2021-STAY APPLICATION ) Date : 06-05-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. D. Bharat Kumar, Adv. Mr. Tadimalla Bhaskar Gowtham, Adv. Mr. Aman Shukla, Adv. Mr. Gopal Jha, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The modification application is allowed. Issue notice. In the meantime, further proceedings in O.P. No. 666 of 2020 titled as “Mutupuru Aditya Vs. Pavani Nandimpally” pending before XV Additional District & Session Judge-cum-Family Court, R.R. District, Kukatpally in Telangana, shall remain stayed. (MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER(SH) COURT MASTER (NSH)

ITEM NO.27 Court 11 (Video Conferencing) SECTION XVI-A 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). 871/2021 PAVANI NADIMPALLY Petitioner(s) VERSUS MUTUPURU ADITYA Respondent(s) (FOR ADMISSION and IA No.53323/2021-STAY APPLICATION ) Date : 06-05-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. D. Bharat Kumar, Adv. Mr. Tadimalla Bhaskar Gowtham, Adv. Mr. Aman Shukla, Adv. Mr. Gopal Jha, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The modification application is allowed. Issue notice. In the meantime, further proceedings in O.P. No. 666 of 2020 titled as “Mutupuru Aditya Vs. Pavani Nandimpally” pending before Family Court Judge, Ranga Reddy District at Miyapur in Telangana, shall remain stayed. (MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER(SH) COURT MASTER (NSH)

ITEM NO.19 Court 11 (Video Conferencing) SECTION XVI-A 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). 871/2021 PAVANI NADIMPALLY Petitioner(s) VERSUS MUTUPURU ADITYA Respondent(s) (FOR ADMISSION and IA No.53323/2021-STAY APPLICATION ) Date : 04-05-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. D. Bharat Kumar, Adv. Mr. Tadimalla Bhaskar Gowtham, Adv. Mr. Aman Shukla, Adv. Mr. Gopal Jha, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel seeks to amend the prayer in view of the fact that the description of the transfer Court has been wrongly made due to clerical mistake. List the matter on 06 th May, 2021. (RASHMI DHYANI) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)

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