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MONICA CHAUDHURI v. ABHISHEK CHAUDHURI

Supreme Court of India | Diary 10173/2022

Status

ROP - of Main Case

Decided On

09-02-2023

Bench

HON'BLE MR. JUSTICE A.S. BOPANNA and HON'BLE MS. JUSTICE HIMA KOHLI

Petitioner

MONICA CHAUDHURI

Respondent

ABHISHEK CHAUDHURI

Primary Holding

In matrimonial transfer petitions where both parties face genuine hardship in travelling to the other's forum, courts may transfer all pending proceedings to a neutral, mutually convenient jurisdiction, granting parties liberty to appear through virtual mode and examine outstation witnesses via commission.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION(CIVIL) NO.718/2022 ABHISHEK CHAUDHURI Petitioner(s) VERSUS MONICA CHAUDHURI Respondent(s) WITH TRANSFER PETITION(CIVIL) NO.902/2022 TRANSFER PETITION(CIVIL) NO.837/2022 TRANSFER PETITION(CIVIL) Nos.955-956/2022 O R D E R Heard learned counsel for the parties and perused the petitions papers. T.P.(C) No. 718/2022, T.P.(C) No.902/2022 and T.P.(C) No.837/2022 are filed by the husband seeking transfer of the proceedings initiated by the wife before the Court of Principal Judge, Family Court at Ferozepur, Punjab to the District Court Alipore, South 24 Parganas, West Bengal. The Transfer Petition bearing T.P.(C) Nos.955-956/2022 is filed by the wife seeking transfer of case bearing MAT Suit No.2933/2021 and Misc. Case No. 279/2021 from the District Court Alipore, South 24 Parganas, West Bengal to the Principal Judge, Family Court, Ferozepur, Punjab, and presently an application has been filed seeking that the modification be made by transferring it to the Family Court Rajpura, Chandigarh. T.P.( C) NO.718/2022 1

Though, rival contentions have been addressed, on taking note that the wife at present would not be in a position to travel to West Bengal and at the same time we also take into consideration the fact that the husband would also have difficulty in travelling to Rajpura or to Ferozepur if the transfer as sought by the wife is accepted. Hence, in the facts and circumstances of the instant cases, we find it appropriate that all the cases referred above be transferred to the Family Court/Competent Court in Chandigarh from the respective Courts where they are pending, whereupon fresh notices shall be issued and the parties would have the liberty of filing an application before the transferee court seeking leave to appear through virtual mode and also to examine outstation witnesses through commission. If such application is filed, the Family Court/Competent Court shall consider the same and require the presence only on the dates when it becomes absolutely necessary for them to appear. With the said observations and directions, these transfer petitions stand disposed of. Pending application(s) shall also stand disposed of. ................,J. (A.S. BOPANNA) ................,J. (HIMA KOHLI) NEW DELHI; 09.02.2023 2

ITEM NO.1 COURT NO.12 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 (C) No. 718/2022 ABHISHEK CHAUDHURI Petitioner(s) VERSUS MONICA CHAUDHURI Respondent(s) (MEDIATION REPORT RECEIVED IA No. 45141/2022 - EX-PARTE STAY) WITH T.P.(C) No. 902/2022 (XVI-A) (FOR EX-PARTE STAY ON IA 58443/2022 T.P.(C) No. 837/2022 (XVI-A) (FOR EX-PARTE STAY ON IA 55996/2022 T.P.(C) No. 955-956/2022 (XVI-A) (FOR EX-PARTE STAY ON IA 62440/2022 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 62484/2022) Date : 09-02-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For parties Mr. Prateek Kumar, Adv. Mr. Dipesh Sinha , AOR Mr. Ruchir Ranjan Rai, Adv. Mr. Ravindra Vikram, Adv. Mr. Neelesh Singh Rao, Adv. Mr. Kuldeep Rai, Adv. Mr. Shivam Adhikary, Adv. Mr. Ankur Jain, Adv. Ms. Nandini Rai, Adv. Mr. Ranjan Nikhil Dharnidhar, AOR UPON hearing the counsel the Court made the following O R D E R Transfer Petitions stand disposed of in terms of signed order. Pending application(s) shall also stand disposed of. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file) 3

ITEM NO.4 COURT NO.12 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 (C) No. 718/2022 ABHISHEK CHAUDHURI Petitioner(s) VERSUS MONICA CHAUDHURI Respondent(s) (INTERIM MEDIATION REPORT DATED 20.07.2022 RECEIVED IN ALL MATTERS. IA No. 45141/2022 - EX-PARTE STAY) WITH T.P.(C) No. 902/2022 (XVI-A) (FOR EX-PARTE STAY ON IA 58443/2022) T.P.(C) No. 837/2022 (XVI-A) (FOR EX-PARTE STAY ON IA 55996/2022) T.P.(C) No. 955-956/2022 (XVI-A) [FOR EX-PARTE STAY ON IA 62440/2022 and FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 62484/2022) Date : 10-01-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE C.T. RAVIKUMAR For parties Mr. Kuldeep Rai, Adv. Ms. Nandini Rai, Adv. Mr. Ranjan Nikhil Dharnidhar, AOR Mr. Dipesh Sinha , AOR Mr. Ruchir Ranjan Rai, Adv. Mr. Prateek Kumar, Adv. Mr. Ravindra Vikram, Adv. UPON hearing the counsel the Court made the following O R D E R List after three weeks since it is stated that the mediation is under progress. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.6 COURT NO.12 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 (C) No.718/2022 ABHISHEK CHAUDHURI Petitioner(s) VERSUS MONICA CHAUDHURI Respondent(s) (INTERIM MEDIATION REPORT DATED 20.07.2022 RECEIVED IN ALL MATTERS. IA No. 45141/2022 - EX-PARTE STAY) WITH T.P.(C) No. 902/2022 (XVI-A) (FOR EX-PARTE STAY ON IA 58443/2022) T.P.(C) No. 837/2022 (XVI-A) (IA No. 55996/2022 - EX-PARTE STAY) T.P.(C) No. 955-956/2022 (XVI-A) (IA No. 62440/2022 - EX-PARTE STAY AND IA No. 62484/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 01-12-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Parties Mr. Dipesh Sinha , AOR Mr. Shivansh Pandya, Adv. Mr. Ranjan Nikhil Dharnidhar, AOR UPON hearing the counsel the Court made the following O R D E R List the matters after two weeks since it is stated that the mediation is under progress. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER ASSISTANT REGISTRAR

1 ITEM NO.1601+1616+1617 COURT NO.16 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). 718/2022 ABHISHEK CHAUDHURI Petitioner(s) VERSUS MONICA CHAUDHURI Respondent(s) (FOR ADMISSION and IA No.45141/2022-EX-PARTE STAY ) Transfer Petition(s)(Civil) No(s). 837/2022 IA No.55996/2022-EX-PARTE STAY) Transfer Petition(s)(Civil) No(s). 902/2022 IA No.58443/2022-EX-PARTE STAY) Transfer Petition(s)(Civil) No(s). 955-956/2022 IA No.62440/2022-EX-PARTE STAY and IA No.62484/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 27-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI For parties Mr. Anjan Datta, Adv. Mr. Vishal Arun Mishra, Adv. Mr. Pawan Kumar, Adv. Mr. Shivam Adhikari, Adv. Mr. Ujjwal Bhardwaj, Adv. Mr. Dinesh Kumar, Adv. Mr. Rajasmit Mondal, Adv. Ms. Shivani Jain, Adv. Ms. Ritu Rajkumari, Adv. Mr. Parshu Ram Paswan, Adv. M/S. Mukesh Kumar Singh And Co., AOR Mr. Prateek Kumar, Adv. Mr. Dipesh Sinha, Adv. Mr. Ruchir Ranjan Rai, Adv. Mr. Dipesh Sinha , AOR Mr. Vikas Jain, AOR UPON hearing the counsel the Court made the following O R D E R After hearing the learned counsel for the parties, it appears

2 that there is a possibility of settlement between the parties. Hence, the parties are directed to appear before the Mediator, Supreme court Mediation Centre on 07.05.2022. Parties may remain present either personally or through virtual mode as may be convenient to them. List the matter after report of Mediation Centre is received. (SONIA GULATI) (ANJU KAPOOR) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

ITEM NO.1601 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). 718/2022 ABHISHEK CHAUDHURI Petitioner(s) VERSUS MONICA CHAUDHURI Respondent(s) (FOR ADMISSION and IA No.45141/2022-EX-PARTE STAY ) Date : 05-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. Anjan Datta, Adv. Mr. Vishal Arun Mishra, Adv. Mr. Rajasmit Mondal, Adv. Mr. Pawan Kumar, Adv. Mr. Dinesh Kumar, Adv. Mr. Ikshit Singhal, Adv. Ms. Shivani Jain, Adv. Mr. Jeetendra Kumar, Adv. For M/S. Mukesh Kumar Singh And Co., AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R At the request of learned counsel for the petitioner, the matter is adjourned for one week. (NEHA GUPTA) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

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