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T.S. HEMA MALINI v. SHIVA KUMAR KUPPA

Supreme Court of India | Diary 10053/2016

Status

ROP - of Main Case

Decided On

09-09-2016

Bench

Petitioner

T.S. HEMA MALINI

Respondent

SHIVA KUMAR KUPPA

Primary Holding

A matrimonial case pending before a Family Court may be transferred by the Supreme Court under its transfer jurisdiction to a Family Court in another State upon consideration of the facts and circumstances, even in the absence of appearance by the respondent after due service of notice.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 516 OF 2016 T.S. HEMA MALINI ... Petitioner VERSUS SHIVA KUMAR KUPPA ... Respondent O R D E R The instant transfer petition is filed seeking transfer of M.C. No. 486 of 2016 titled as ' Shiva Kumar Kuppa v. T.S. Hema Malini' pending before the Court of I Additional Principal Judge, Family Court, Bangalore, Karnataka, to the Family Court, Hyderabad, Telangana. Though service of notice is complete, none has put in appearance on behalf of the 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. 486 of 2016 titled as ' Shiva Kumar Kuppa v. T.S. Hema Malini' pending before the Court of I Additional Principal Judge, Family Court, Bangalore, Karnataka, is ordered to be transferred to the Family Court, Hyderabad, Telangana. Let the records of the case be transferred to the concerned Court without delay. The transfer petition stands allowed. ......................, J. [ A.K. SIKRI ] ......................, J. New Delhi; [ N.V. RAMANA ] September 09, 2016.

ITEM NO.59 COURT NO.11 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 (Civil) No. 516/2016 T.S. HEMA MALINI Petitioner(s) VERSUS SHIVA KUMAR KUPPA Respondent(s) (With appln. (s) for stay and office report) Date : 09/09/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Sadineni Ravi Kumar, Adv. 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) (Tapan Kr. Chakraborty) Court Master Court Master [Signed order is placed on the file.]

SECTION - XVIA IN THE SUPREME COURT OF INDIA LISTED ON : 09-09-2016 CIVIL ORIGINAL JURISDICTION COURT NO : 11 ITEM No. :     59 TRANSFER PETITION (CIVIL) NO. 516 OF 2016 WITH INTERLOCUTORY APPLICATION NO. 1 OF 2016 (Application for Ex-Parte stay) T.S. HEMA MALINI ....PETITIONER VERSUS SHIVA KUMAR KUPPA ....RESPONDENT OFFICE REPORT The Transfer Petition above mentioned was listed before the Hon'ble Court on 04-04-2016 when the Court was pleased to pass the following Order:- Issue notice. In the meantime, there shall be stay of further proceedings in M. C. No. 486 of 2016 titled as 'Shiva Kumar Kuppa v. T. S. Hema Malini' pending before the Court of I Additional Principal Judge, Family Court, Bangalore, Karnataka.” Accordingly, Notice was issued to the sole Respondent through Registered A.D. post on 21-04-2016. It is submitted that A.D. card duly signed has been received back from sole respondent but no one has entered appearance so far. Service of show cause notice is complete by A.D. card The matter above mentioned is listed before the Hon'ble Court with this Office Report. Dated this the 07 th day of September, 2016. ASSISTANT REGISTRAR Copy to : Mr. Sadineni Ravi Kumar, Advocate ASSISTANT REGISTRAR MC

IN THE SUPREME COURT OF INDIACIVIL ORIGINAL JURISDICTIONTRANSFER PETITION (CIVIL) NO. 516 OF 2016T.S. HEMA MALINI ... PetitionerVERSUSSHIVA KUMAR KUPPA ... RespondentO R D E RThe instant transfer petition is filed seeking transferof M.C. No. 486 of 2016 titled as ' Shiva Kumar Kuppa v. T.S.Hema Malini' pending before the Court of I AdditionalPrincipal Judge, Family Court, Bangalore, Karnataka, to theFamily Court, Hyderabad, Telangana.Though service of notice is complete, none has put inappearance on behalf of the respondent.Having heard learned counsel for the petitioner andhaving considered the facts and circumstances of the case, wedeem it fit and proper to allow the transfer petition.Accordingly, M.C. No. 486 of 2016 titled as ' Shiva KumarKuppa v. T.S. Hema Malini' pending before the Court of IAdditional Principal Judge, Family Court, Bangalore,Karnataka, is ordered to be transferred to the Family Court,Hyderabad, Telangana.Let the records of the case be transferred to theconcerned Court without delay.The transfer petition stands allowed......................., J.[ A.K. SIKRI ]......................, J.New Delhi; [ N.V. RAMANA ]September 09, 2016.ITEM NO.59 COURT NO.11 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 (Civil) No. 516/2016T.S. HEMA MALINI Petitioner(s) VERSUSSHIVA KUMAR KUPPA Respondent(s)(With appln. (s) for stay and office report)Date : 09/09/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s)Mr. Sadineni Ravi Kumar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RThe transfer petition stands allowed in terms of thesigned order. (Nidhi Ahuja) (Tapan Kr. Chakraborty) Court Master Court Master[Signed order is placed on the file.]

ITEM NO.58 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). 516/2016 T.S. HEMA MALINI Petitioner(s) VERSUS SHIVA KUMAR KUPPA Respondent(s) (with appln. (s) for stay and office report) Date : 04/07/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Sadineni Ravi Kumar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The office report indicates that service of notice is complete on the sole respondent, but no one has entered appearance on his behalf. Viewed thus, the matter shall be processed for listing before the Hon'ble Court as per rules. (M V RAMESH) Registrar SB

, ITEM NO.58 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). 516/2016 T.S. HEMA MALINI Petitioner(s) VERSUS SHIVA KUMAR KUPPA Respondent(s) (with appln. (s) for stay and office report) Date : 04/07/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Sadineni Ravi Kumar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The office report indicates that service of notice is complete on the sole respondent, but no one has entered appearance on his behalf. Viewed thus, the matter shall be processed for listing before the Hon'ble Court as per rules. (M V RAMESH) Registrar SBSignature Not VerifiedDigitally signed byPOOJA SHARMADate: 2016.07.0416:09:03 TLTReason:

ITEM NO.9 COURT NO.12 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 (Civil) No. 516/2016 T.S. HEMA MALINI Petitioner(s) VERSUS SHIVA KUMAR KUPPA Respondent(s) (With appln. (s) for stay) Date : 04/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Sadineni Ravi Kumar, 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. 486 of 2016 titled as ' Shiva Kumar Kuppa v. T. S. Hema Malini' pending before the Court of I Additional Principal Judge, Family Court, Bangalore, Karnataka. (Nidhi Ahuja) (Tapan Kr. Chakraborty) Court Master Court Master

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