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CHANDBIBI v. MOHSINKHAN SHEIKH

Supreme Court of India | Diary 1004/2019

Status

ROP - of Main Case

Decided On

09-05-2019

Bench

HON'BLE MRS. JUSTICE R. BANUMATHI and HON'BLE MR. JUSTICE R. SUBHASH REDDY

Petitioner

CHANDBIBI

Respondent

MOHSINKHAN SHEIKH

Primary Holding

Under Section 25 of the Code of Civil Procedure, a family court proceeding may be transferred inter-state to a court proximate to the wife's residence, with a mandate to explore amicable settlement before proceeding to adjudication.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 167 OF 2019 CHANDBIBI ..PETITIONER(S) VERSUS MOHSINKHAN SHEIKH ...RESPONDENT(S) O R D E R 1. Despite service of notice, none appears on behalf of the respondent. 2. We have heard learned counsel appearing on behalf of the petitioner. 3. Having regard to the grounds on which transfer has been prayed for, Restitution of Conjugal Rights Family Suit No. 1088 of 2018 titled as Mohsinkhan Sheikh vs. Chandbibi pending before the Court of Principal Judge, Family Court, District Vadodra, Gujarat, is ordered to be transferred to the Court of Principal Judge, Family Court Karkardooma Court, District Shahadra, Delhi, for hearing and disposal in accordance with law who may try the case himself or transfer the same to the court competent to do so. Records shall be sent by Court where proceedings are pending to the transferee court promptly and without any delay. 4. The transfer petition is accordingly, allowed. 5. On receipt of the case records, the transferee Court is directed to make all endeavour for amicable settlement,

2 failing which for early decision in the case without unnecessary adjournments. …………………………………………….J. [R.BANUMATHI] NEW DELHI …………………………………………...J. 9TH MAY, 2019 [R. SUBHASH REDDY]

3 ITEM NO.43 COURT NO.7 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). 167/2019 CHANDBIBI Petitioner(s) VERSUS MOHSINKHAN SHEIKH Respondent(s) (FOR ADMISSION and IA No.15048/2019-EX-PARTE STAY ) Date : 09-05-2019 These matters were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. Prakash Verma,Adv. Mr. Manoj Kumar Dwivedi,Adv. Km. Rashmi Rani,Adv. Ms. Rashi Jaiswal,Adv. Mr. Vipin Kumar Jai, 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. Pending application(s), if any, shall also stand disposed of. (MADHU BALA) (PARVEEN KUMARI PASRICHA) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)

ITEM NO.82 REGISTRAR COURT. 1 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 BEFORE THE REGISTRAR SURINDER S. RATHI Transfer Petition(s)(Civil) No(s). 167/2019 CHANDBIBI Petitioner(s) VERSUS MOHSINKHAN SHEIKH Respondent(s) (FOR ADMISSION and IA No.15048/2019-EX-PARTE STAY ) Date : 05-04-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Vipin Kumar Jai, 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. SURINDER S. RATHI Registrar

ITEM NO.3 COURT NO.8 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). 167/2019 CHANDBIBI Petitioner(s) VERSUS MOHSINKHAN SHEIKH Respondent(s) (FOR ADMISSION and IA No.15048/2019-EX-PARTE STAY) Date : 30-01-2019 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. Prakash Verma,Adv. Mr. Dinesh S. Badiar,Adv. Mr. Kumari Rashmi Rani,Adv. Mr. Rashi Jaiswal,Adv. Mr. Adil Mansoori,Adv. Mr. Vipin Kumar Jai, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard. Issue notice. In the meantime, there shall be stay of further proceedings for the Restitution of Conjugal Rights Family Suit NO.1088/2018 titled “Mohsinkhan Sheikh v. Chandbibi” pending before the Principal Judge, Family Court, District Vadodra, Gujarat, until further orders from this Court. (MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER BRANCH OFFICER

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