Home / Supreme Court / Judgments / 2023 / Diary 10134

URLANA SAISPANDANA v. URLANA GOPALAKRISHNA

Supreme Court of India | Diary 10134/2023

Status

ROP - of Main Case

Decided On

31-07-2025

Bench

HON'BLE MR. JUSTICE RAJESH BINDAL and HON'BLE MR. JUSTICE MANMOHAN

Petitioner

URLANA SAISPANDANA

Respondent

URLANA GOPALAKRISHNA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.726 OF 2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) O R D E R 1. The present petition has been filed by the petitioner–wife seeking transfer of divorce petition bearing FCMOP No.3 of 2022 titled " Urlana Gopalkrishna versus Urlana Saispandana" pending before the Family Court, Srikakulam, Andhra Pradesh to the Family Court, Parlakhemundi, Odisha. 2. Though service is complete, no one has put in appearance on behalf of the sole respondent-husband. A letter has been received from the respondent stating therein that he has no objection to transfer of the case to the Court at Paralakhemudi, Odisha. 3. After hearing the learned counsel appearing for the petitioner and considering the letter received from the husband, in our opinion, a case is made out for transfer of divorce proceedings. 1

4. Accordingly, FCMOP No.3 of 2022 titled " Urlana Gopalkrishna versus Urlana Saispandana" pending before the Family Court, Srikakulam, Andhra Pradesh is hereby transferred to the Family Court, Parlakhemundi, Odisha. 5. Records shall be sent promptly by the Court where proceedings are pending to the transferee Court. 6. In case video conferencing facilities are available in the transferee Court, the parties may be permitted to appear through video conferencing on non-effective dates of hearings. 7. Accordingly, the Transfer Petition is allowed. ..........................J. (RAJESH BINDAL) ..........................J. (MANMOHAN) NEW DELHI; July 31 , 2025. 2

ITEM NO.1 COURT NO.16 SECTION XII-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). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) (IA No. 58563/2023 - EX-PARTE STAY) Date : 31-07-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) : Mrs. Prabhati Nayak, Adv. Mr. Debabrata Dash, Adv. Mr. Tushar Garg,Adv. For Mr. Niranjan Sahu, 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 also stands disposed of. (ANITA MALHOTRA) (AKSHAY KUMAR BHORIA) AR-CUM-PS COURT MASTER (Signed order is placed on the file.) 3

ITEM NO.18 REGISTRAR COURT. 2 SECTION XII-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. ARUL VARMA Transfer Petition(s)(Civil) No(s). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) Date : 14-05-2025 This petition was called on for hearing today. For Petitioner(s) : Mrs. Prabhati Nayak, Adv. Mr. Umakant Misra, Adv. Mr. Debabrata Dash, Adv. Ms. Apoorva Sharma, Adv. Mr. Tushar Garg, Adv. Mr. Niranjan Sahu, AOR For Respondent(s) : UPON hearing the counsel 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. ARUL VARMA Registrar pm

ITEM NO.54 REGISTRAR COURT SECTION XII-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 MS. GRACY L. BAWITLUNG Transfer Petition(s)(Civil) No(s). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) Date : 01-04-2025 This petition was called on for hearing today. For Petitioner(s) : Mrs. Prabhati Nayak, Adv. Mr. Umakant Misra, Adv. Mr. Debabrata Dash, Adv. Ms. Apoorva Sharma, Adv. Mr Tushar Garg, Adv. Mr. Niranjan Sahu, AOR For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R Service report in respect of the sole respondent has been received from Trial Court with remarks that "The respondent went away to Hyderabad since few months". Ld. Counsel for the petitioner is granted four weeks time as last opportunity to file affidavit alongwith proof of dasti service. List again on 14.05.2025. GRACY L. BAWITLUNG Registrar HJ

ITEM NO.22 REGISTRAR COURT SECTION XII-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 MS. SUJATA SINGH Transfer Petition(s)(Civil) No(s). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) Date : 26-09-2024 This petition was called on for hearing today. For Petitioner(s) Mrs. Prabhati Nayak, Adv. Mr. Umakant Misra, Adv. Mr. Debabrata Dash, Adv. Ms. Apoorva Sharma, Adv. Mr. Niranjan Sahu, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await service report from concerned Trial Court in respect of the sole respondent. Issue reminder. Dasti in addition is allowed, as prayed. Affidavit of dasti service be filed within four weeks thereafter. List again on 25.10.2024. SUJATA SINGH Registrar HJ

ITEM NO.17 REGISTRAR COURT. 2 SECTION XII - 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. MAHESH TANAJIRAO PATANKAR Transfer Petition(s)(Civil) No(s). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) Date : 25 - 01 - 2024 This petition was called on for hearing today. For Petitioner(s) Mr. Niranjan Sahu, AOR Mrs. Prabhati Nayak, Adv. Mr. Debabrata Dash, Adv. Ms. Apoorva Sharma, Adv. Mr. Abhijit Pattanaik, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await service report from the Trial Court in respect of sole respondent. List again on 12.03.2024. MAHESH TANAJIRAO PATANKAR Registrar pm

ITEM NO.55 REGISTRAR COURT. 2 SECTION XII-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). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) Date : 24-11-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Prabhati Nayak,Adv. Mr. Apoorva Sharma,Adv. Mr. Niranjan Sahu,Adv. Mr. Sibo Sankar Mishra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Mr. Niranjan Sahu,Ld. Counsel has filed vakalatnama on behalf of the petitioner, the same be taken on record. Two weeks time, is granted to the petitioner, to take fresh steps and file fresh particulars to issue notice to sole respondent . In addition, notice be issued through Trial Court, the particulars of which shall be furnished by the learned counsel for the petitioner within the period prescribed above. List again on 25.1.2024. VIVEK SAXENA Registrar MG

ITEM NO.38 REGISTRAR COURT. 2 SECTION XII-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). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) Date : 23-11-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Sibo Sankar Mishra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Two weeks time, is granted to Ld. counsel for the petitioner, to take fresh steps and file fresh particulars, to issue notice to sole respondent. Ms. Prabhati, Ld. Counsel submits that Mr. Sibo Sankar Mishra has been elevated as the Judge of the Orissa High Court, hence vakalatnama on behalf of petitioner has been filed. But, as per the office report no order stating that Mr. Sibo Sankar Mishra has elevated has been received. Counsel for petitioner seeks time to file necessary documents in this regard. Same be filed today or tomorrow. List again on 24.11.2023. VIVEK SAXENA Registrar pm

ITEM NO.25 REGISTRAR COURT. 2 SECTION XII-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 IA 58563/2023, in Transfer Petition(s)(Civil) No(s). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) IA No. 58563/2023 - EX-PARTE STAY) Date : 22-09-2023 These matters were called on for hearing today. For Petitioner(s) Mr. Sibo Sankar Mishra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is not complete on sole respondent. Ms. Apoorva Sharma, Ld. Counsel submits that the AOR representing the petitioner has been elevated, hence alternative arrangement has to be made for which time may be allowed. Two weeks time, is granted for the same. List again on 23.11.2023. VIVEK SAXENA Registrar pm

ITEM NO.34 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 IA 58563/2023, in Transfer Petition(s)(Civil) No(s). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) IA No. 58563/2023 - EX-PARTE STAY) Date : 03-08-2023 These matters were called on for hearing today. For Petitioner(s) Mr. Sibo Sankar Mishra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Two weeks time, as last chance, is granted to the petitioner, to take fresh steps and file fresh particulars to issue notice to sole respondent , who is unserved. List again on 22.9.2023. VIVEK SAXENA Registrar MG

ITEM NO.63 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). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) Date : 15-05-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Sibo Sankar Mishra, AOR For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R Notice issued to the sole Respondent, has been received back, with remarks, “insufficient address”. As such, fresh steps and fresh particulars, be filed within four weeks, to effect service upon the said respondent. List on 03.08.2023. VIVEK SAXENA Registrar

Transfer Petition(s)(Civil) No(s). 726/2023 ITEM NO.1604 COURT NO.13 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). 726/2023 URLANA SAISPANDANA Petitioner(s) VERSUS URLANA GOPALAKRISHNA Respondent(s) (FOR ADMISSION and IA No.58563/2023-EX-PARTE STAY ) Date : 27-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Sibo Sankar Mishra, AOR Mr. Sunil Mund, Adv. Mr. Umakant Misra, Adv. Ms. Apoorva Sharma, Adv. Mr. Niranjan Sahu, Adv. Mr. Debabrata Dash, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The present petition has been filed by the petitioner-wife seeking transfer of petition filed by the respondent-husband being F.C.M.O.P. No. 3/2022 titled as “Urlana Gopalakrishna Vs. Urlana Saispandana ”, pending before the Family Court, Srikakulam, Andhra Pradesh to the Family Courts, Parlakhemundi, Odisha. 1

Transfer Petition(s)(Civil) No(s). 726/2023 Learned counsel appearing for the petitioner states that the petitioner is not gainfully employed and dependent upon her parents. She also has to take care of her minor child. She is not in a position to travel for pursuing the matter before the Family Court in Srikakulam, Andhra Pradesh in connection with the proceedings initiated by her husband. Hence, issue notice, returnable in four weeks. In the meantime, there shall be stay of further proceedings in F.C.M.O.P. No. 3/2022 titled as “Urlana Gopalakrishna Vs. Urlana Saispandana ”, pending before the Court of the Family Court, SriKakulam, Andhra Pradesh (SONIA BHASIN) (RAM SUBHAG SINGH) COURT MASTER (SH) BRANCH OFFICER 2

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