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DANTULURI SINDHURI v. DANTULURI SANJAY VARMA

Supreme Court of India | Diary 10217/2019

Status

ROP - of Main Case

Decided On

16-06-2020

Bench

HON'BLE MR. JUSTICE L. NAGESWARA RAO and HON'BLE MR. JUSTICE HEMANT GUPTA

Petitioner

DANTULURI SINDHURI

Respondent

DANTULURI SANJAY VARMA

Primary Holding

A wife's petition for transfer of matrimonial proceedings may be granted by the Supreme Court under its transfer jurisdiction, directing the transferor court to transmit the entire record to the transferee court for expeditious disposal in accordance with law.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NOS.1250/2019 DANTULURI SINDHURI Petitioner(s) VERSUS DANTULURI SANJAY VARMA Respondent(s) O R D E R This petition has been filed by the petitioner-wife seeking transfer of G.O.P.No.69 of 2018 pending before the Additional District Judge, Pithapuram to Family Court, Chennai, Tamil Nadu. On hearing learned counsel for the parties and perusing the record, I am of the view that the prayer in the instant petition is liable to be granted. Accordingly, G.O.P. No.69 of 2018 titled as Dantuluri Sanjay Varma v. Dantuluri Sindhuri pending before the Additional District Judge, Pithapuram is ordered to be transferred to the Family Court, Chennai. The transferor Court shall forthwith transmit the entire record relating to the aforesaid case to the transferee Court for deciding the case in accordance with law. After its transfer, the transferee Court to consider the matter expeditiously. The Transfer Petition is allowed in the above terms. ……………………………………J. [A.S. BOPANNA] NEW DELHI; JUNE 16, 2020

2 ITEM NO.4 Virtual Court 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(s)(Civil) No(s). 1250/2019 DANTULURI SINDHURI Petitioner(s) VERSUS DANTULURI SANJAY VARMA Respondent(s) (FOR ADMISSION and IA No.83629/2019-STAY APPLICATION Date : 16-06-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mrs. Sindoora VNL, Adv. Mr. R.V. Yogesh, Adv. Ms. Snigdha Singh, Adv. Mr. Nishesh Sharma, AOR For Respondent(s) Dr. Nirmal Chopra, AOR 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 stands disposed of. (ASHA SUNDRIYAL) (ANITA RANI AHUJA) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR [Signed order is placed on the file]

ITEM NO.50 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. RAJIV KALRA Transfer Petition(s)( Civil) No(s). 1250/2019 DANTULURI SINDHURI Petitioner(s) VERSUS DANTULURI SANJAY VARMA Respondent(s) (FOR ADMISSION and I.R. and IA No.83629/2019 - STAY APPLICA TION ) Date : 21 - 01 - 2020 This petition was called on for hearing today. For Petitioner(s) Mr. Sindoora VNL,Adv. Ms. Kanti,Adv. Mr. Nishesh Sharma, AOR For Respondent(s) Mr. Amit Kumar Chawla,Adv. Dr. Nirmal Chopra, AOR UPON hearing the counsel, the Court made the following O R D E R The office report indicates that sole respondent has already filed counter affidavit. Viewed thus, the matter be processed for listing before the Hon'ble Court under the rules. RAJIV KALRA Registrar MG

ITEM NO.70 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. SURINDER S. RATHI Transfer Petition(s)(Civil) No(s). 1250/2019 DANTULURI SINDHURI Petitioner(s) VERSUS DANTULURI SANJAY VARMA Respondent(s) (FOR ADMISSION and I.R. and IA No.83629/2019-STAY APPLICATION ) Date : 13-11-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Nishesh Sharma, AOR Ms. Sindoora VNL, Adv. Mr. Kanti, Adv. For Respondent(s) Dr. Nirmal Chopra, AOR UPON hearing the counsel the Court made the following O R D E R Appearance :Ld. counsel for petitioner is present. Ld. Counsel for respondent is present. Four weeks’ time is granted to the sole respondent to file Counter Affidavit. List again on 21.01.2020. SURINDER S. RATHI Registrar pm

ITEM NO.8 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). 1250/2019 DANTULURI SINDHURI Petitioner(s) VERSUS DANTULURI SANJAY VARMA Respondent(s) (FOR ADMISSION and I.R. and IA No.83629/2019-STAY APPLICATION and IA No.83631/2019-EXEMPTION FROM FILING O.T.) Date : 26-08-2019 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDU MALHOTRA [IN CHAMBER] For Petitioner(s) Nishesh Sharma, AOR Sindoora, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in filing the spare copy of the petition is condoned. Let notice be issued. (JYOTI GUPTA) (SANTOSH KUMAR) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

1 ITEM NO.4 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). 1250/2019 DANTULURI SINDHURI Petitioner(s) VERSUS DANTULURI SANJAY VARMA Respondent(s) (FOR ADMISSION and I.R. and IA No.83629/2019-STAY APPLICATION and IA No.83631/2019-EXEMPTION FROM FILING O.T. ) WITH T.P.(C) No. 1251/2019 (XVI-A) (FOR ADMISSION and I.R. and IA No.84091/2019-EX-PARTE STAY and IA No.84092/2019-EXEMPTION FROM FILING O.T.) Date : 16-07-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Nishesh Sharma, AOR Mr. Sindoora VNL, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R TP (Civil) No.1250/2019 Issue notice. In the meanwhile, there shall be stay of further proceedings in G.O.P. No.69 of 2018 titled as “Dantuluri Sanjay Varma versus Dantuluri Sindhuri” pending before the Court of Additional District Judge, Pithapuram, until further orders from this Court.

2 TP (Civil) No.1251/2019 Learned counsel appearing on behalf of the petitioner seeks permission to withdraw this Transfer Petition. The Transfer Petition is, accordingly, dismissed as withdrawn. (GEETA AHUJA) (BEENA JOLLY) COURT MASTER (SH) BRANCH OFFICER

ITEM NO.4 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 SURINDER S. RATHI TRANSFER PETITION (CIVIL) Diary No(s). 10202/2019 DANTULURI SINDHURI Petitioner(s) VERSUS DANTULURI SANJAY VARMA Respondent(s) (FOR ADMISSION and I.R. and IA No.83629/2019-STAY APPLICATION and IA No.83631/2019-EXEMPTION FROM FILING O.T. and IA No.83627/2019- CONDONATION OF DELAY IN REFILING ) WITH Diary No(s). 10217/2019 (XVI-A) (FOR ADMISSION and I.R. and IA No.84091/2019-EX-PARTE STAY and IA No.84092/2019-EXEMPTION FROM FILING O.T. and IA No.84090/2019- CONDONATION OF DELAY IN REFILING) Date : 03-07-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Sindoora VNL,Adv. Mr. Nishesh Sharma, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in refiling is condoned. Registry to proceed further. SURINDER S. RATHI Registrar MG

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