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MANISHA HARIDAS v. PRAVEEN SIVADASAN

Supreme Court of India | Diary 10044/2017

Status

ROP - of Main Case

Decided On

24-08-2017

Bench

HON'BLE MR. JUSTICE A.K. SIKRI and HON'BLE MR. JUSTICE ASHOK BHUSHAN

Petitioner

MANISHA HARIDAS

Respondent

PRAVEEN SIVADASAN

Primary Holding

Under Section 25 of the Code of Civil Procedure, the Supreme Court may transfer matrimonial proceedings between Family Courts across different States when facts and circumstances warrant such transfer in the interests of justice.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 613 OF 2017 MANISHA HARIDAS ... Petitioner VERSUS PRAVEEN SIVADASAN ... Respondent O R D E R Despite service of notice, nobody has entered appearance on behalf of the sole respondent. Having heard learned counsel for the petitioner and having considered the facts and circumstances of the case, we deem it fit and proper to allow the transfer petition. Accordingly, M.C. No. 759 of 2017 titled as ' Praveen Sivadasan v. Manisha Haridas' pending before the Court of VI Additional Principal Judge, Family Court, Bangalore, is ordered to be transferred to Family Court, Ernakulam, Kerala. Let the records of the case be transferred to the concerned Court without delay. The transfer petition stands allowed. ......................, J. [ A.K. SIKRI ] ......................, J. [ ASHOK BHUSHAN ] New Delhi; August 24, 2017.

ITEM NO.5 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 (Civil) No. 613/2017 MANISHA HARIDAS Petitioner(s) VERSUS PRAVEEN SIVADASAN Respondent(s) (With IA 1/2017 - STAY APPLICATION) Date : 24-08-2017 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Wills Mathews, Adv. Mr. Shaji Sebastian, Adv. Mr. Shree Pal Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The transfer petition stands allowed in terms of the signed order. (NIDHI AHUJA) (MADHU NARULA) COURT MASTER COURT MASTER [Signed order is placed on the file.]

ITEM NO.98 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 MR. RAJESH KUMAR GOEL IA 1/2017, in Transfer Petition(s)(Civil) No(s). 613/2017 MANISHA HARIDAS Petitioner(s) VERSUS PRAVEEN SIVADASAN Respondent(s) (FOR STAY APPLICATION ON IA 1/2017) Date : 17-07-2017 These matters were called on for hearing today. For Petitioner(s) Mr. Wills Mathews, Adv. Shree Pal Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Sole respondent has been served but no one has put in appearance. Registry to process the matter for listing before the Hon'ble Court, as per rules. RAJESH KUMAR GOEL Registrar

ITEM NO.2 COURT NO.8 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.613/2017 MANISHA HARIDAS Petitioner(s) VERSUS PRAVEEN SIVADASAN Respondent(s) (with appln. (s) for ad-interim ex-parte stay) Date : 19/04/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Wills Mathews, Adv. Mr. Ginesh P., Adv. Mr. Shree Pal Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, there shall be stay of further proceedings in M.C No.759/2017 before the VI Addl. Principal Judge, Family Court, Bangalore titled as Sri. Praveen Sivadasan Vs. Smt. Manisha Haridas. (RASHMI DHYANI ) (MALA KUMARI SHARMA) SR.P.A. COURT MASTER

dITEM NO.2 COURT NO.8 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.613/2017MANISHA HARIDAS Petitioner(s) VERSUSPRAVEEN SIVADASAN Respondent(s)(with appln. (s) for ad-interim ex-parte stay)Date : 19/04/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHANFor Petitioner(s) Mr. Wills Mathews, Adv. Mr. Ginesh P., Adv. Mr. Shree Pal Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RIssue notice.In the meantime, there shall be stay of furtherproceedings in M.C No.759/2017 before the VI Addl.Principal Judge, Family Court, Bangalore titled as Sri.Praveen Sivadasan Vs. Smt. Manisha Haridas. (RASHMI DHYANI ) (MALA KUMARI SHARMA) SR.P.A. COURT MASTER

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