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SHIKHA KUMARI @ SHUKLA v. VINAY SHUKLA

Supreme Court of India | Diary 10123/2023

Status

ROP - of Main Case

Decided On

26-07-2023

Bench

Petitioner

SHIKHA KUMARI @ SHUKLA

Respondent

VINAY SHUKLA

Primary Holding

When multiple matrimonial proceedings between the same parties are pending in different courts, a suit may be transferred to consolidate litigation in the forum where the other proceedings are pending, to avoid multiplicity and inconvenience.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 858 OF 2023 SHIKHA KUMARI @ SHUKLA Petitioner(s) VERSUS VINAY SHUKLA Respondent(s) O R D E R 1. In spite of being duly served, none appears on behalf of the respondent. 2. We have considered the facts of the case and grounds on which transfer has been sought. On such consideration, we are satisfied with the grounds urged by the petitioner and accept the same. Therefore, Matrimonial Suit NO. 1716 of 2022 titled as “Binoy Kumar Shukla Vs. Shikha Kumari Pandey” pending before the learned Additional and District Judge 4 th Court, Barasat, District: North 24 – Parganas is ordered to be transferred to the Principal Judge, Family Court, Chatra at Jharkhand. 3. The learned Additional and District Judge 4 th Court, Barasat, District: North 24 – Parganas shall

2 send the case record to the transferee Court promptly and without any delay. 4. The transfer petition is allowed accordingly. 5. Pending applications, if any, stand disposed of. ….........................J (B.R. GAVAI) ...........................J (HIMA KOHLI) ...........................J (PRASHANT KUMAR MISHRA) New Delhi July 26, 2023

3 ITEM NO.4 COURT NO.4 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). 858/2023 SHIKHA KUMARI @ SHUKLA Petitioner(s) VERSUS VINAY SHUKLA Respondent(s) (IA No. 68307/2023 - EX-PARTE STAY, IA No. 68308/2023 - EXEMPTION FROM FILING O.T.) Date : 26-07-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Vaibhav Manu Srivastava, AOR Mr. Shekhar Prasad Gupta, Adv. Ms. Riya Thomas, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. The transfer petition is allowed in terms of the signed order. 2. Pending applications, if any, stand disposed of. (DEEPAK SINGH) (ANJU KAPOOR) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]

ITEM NO.67 REGISTRAR COURT. 2 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 SH. VIVEK SAXENA Transfer Petition(s)(Civil) No(s). 858/2023 SHIKHA KUMARI @ SHUKLA Petitioner(s) VERSUS VINAY SHUKLA Respondent(s) Date : 14-07-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Vaibhav Manu Srivastava, AOR Mr. Gaurav Singh, Adv. For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R Despite due service on the sole respondent, there is no appearance. Hence, process the matter for listing before the Hon’ble Court, as per rules. VIVEK SAXENA Registrar pm

1 ITEM NO.1616 COURT NO.15 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).858/2023 SHIKHA KUMARI @ SHUKLA Petitioner(s) VERSUS VINAY SHUKLA Respondent(s) (FOR ADMISSION and IA No.68307/2023-EX-PARTE STAY and IA No.68308/2023-EXEMPTION FROM FILING O.T. ) Date : 13-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Vaibhav Manu Srivastava, AOR Mr. Shekhar Prasad Gupta, Adv. Ms. Riya Thomas, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the petitioner-wife. The contention of the learned counsel on behalf of the petitioner is that there are other two proceedings pending inter se the parties at Chatra, Jharkhand and therefore it would be appropriate that the subject proceedings i.e., Matrimonial Suit No.1716/2022 be transferred to District Chatra, Jharkhand from the Court at Barasat, District North 24-Praganas, West Bengal. Issue notice, returnable within six weeks. In addition to usual mode of service, notice be served

2 through Dasti. In the meantime, further proceedings in Matrimonial Suit No.1716/2022 titled “Binoy Kumar Shukla vs. Shikha Kumari Pandey ” pending before the Court of Additional & District Judge, 4 th Court, Barasat, District North 24- Praganas, West Bengal shall remain stayed. (DEEPAK JOSHI) (RAVINDER KUMAR) COURT MASTER (SH) COURT MASTER (NSH)

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