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G VAISHNAVI v. S MUTHUKUMARAN

Supreme Court of India | Diary 10230/2020

Status

ROP - of Main Case

Decided On

27-09-2023

Bench

HON'BLE MR. JUSTICE B.R. GAVAI and HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

Petitioner

G VAISHNAVI

Respondent

S MUTHUKUMARAN

Primary Holding

In matrimonial disputes, transfer of proceedings from one court to another may be granted in the interest of a party, particularly where the opposite party raises no objection, and Family Courts should endeavour to conclude such proceedings expeditiously.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2023 [Arising out of SLP(C) No. 14546 of 2020) G VAISHNAVI Appellant(s) VERSUS S MUTHUKUMARAN Respondent(s) O R D E R 1. Leave granted. 2. This appeal challenges the order dated 28.02.2020 passed by the learned Single Judge of High Court of Judicature at Madras in Transfer Civil Miscellaneous Petition No.143 of 2020, vide which the application filed by the appellant, for transfer of the proceedings from the file of the Subordinate Court, Kanchipuram, to the file of the Family Court, Chennai, came to be rejected. 3. Learned counsel for the respondent does not have any objection for transfer of the proceedings. 4. Therefore, H.M.O.P. No. 119 of 2013 titled as “S. Muthukumaran Vs. Mrs. G. Vaishnavi” pending before the Subordinate Court, Kanchipuram, is

ordered to be transferred to the Family Court, Chennai. 5. The Subordinate Court, Kanchipuram, shall send the case record to the transferee Court promptly and without any delay. 6. Taking into consideration the fact that the dispute is between the family members, learned Family Court, Chennai, is requested to conclude the proceedings within a period of one year from today. 7. The appeal is allowed accordingly. 8. Pending applications, if any, stand disposed of. ….........................J (B.R. GAVAI) ...........................J ( PRASHANT KUMAR MISHRA ) New Delhi September 27, 2023

3 ITEM NO.47 COURT NO.4 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 14546/2020 (Arising out of impugned final judgment and order dated 28-02-2020 in TRCMP No. 143/2020 passed by the High Court Of Judicature At Madras) G VAISHNAVI Petitioner(s) VERSUS S MUTHUKUMARAN Respondent(s) (IA No. 123475/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 1233/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 27-09-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. D.Kumanan, AOR Mrs. Deepa. S, Adv. For Respondent(s) Mr. G. Anand Selvam, Adv. Mr. Mayil Samy K., Adv. Mr. Sanchit Maheshwari, Adv. Ms. Lakshmi Ramamurthy, AOR UPON hearing the counsel the Court made the following O R D E R 1. Leave granted. 1. The appeal is allowed in terms of the signed order.

4 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.814 COURT NO.4 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 14546/2020 (Arising out of impugned final judgment and order dated 28-02-2020 in TRCMP No. 143/2020 passed by the High Court Of Judicature At Madras) G VAISHNAVI Petitioner(s) VERSUS S MUTHUKUMARAN Respondent(s) Date : 25-08-2023 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. D.kumanan, AOR For Respondent(s) Ms. Lakshmi Ramamurthy, AOR (mentioned by ) UPON hearing the counsel the Court made the following O R D E R List on 01.09.2023. (INDU MARWAH) (ANJU KAPOOR) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.10 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XII 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. RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 14546/2020 G VAISHNAVI Petitioner(s) VERSUS S MUTHUKUMARAN Respondent(s) Date : 16-09-2021 This petition was called on for hearing today. For Petitioner(s) Mr. D.kumanan, AOR Mr Sheikh Fakhruddin Kalia, Adv. For Respondent(s) Ms. Lakshmi Ramamurthy, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Sole respondent is granted four weeks time as last opportunity for filing counter affidavit. Registry to process the matter for listing before the Hon'ble Court after completion of period of four weeks. RAJESH KUMAR GOEL Registrar

ITEM NO.17 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XII 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. RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 14546/2020 G VAISHNAVI Petitioner(s) VERSUS S MUTHUKUMARAN Respondent(s) Date : 04-08-2021 This petition was called on for hearing today. For Petitioner(s) Mr. D.kumanan, AOR For Respondent(s) Ms. Lakshmi Ramamurthy, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Sole respondent is granted four weeks time for filing counter affidavit. List again on 16.9.2021. RAJESH KUMAR GOEL Registrar

ITEM NO.3 Court 4 (Video Conferencing) SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 14546/2020 (Arising out of impugned final judgment and order dated 28-02-2020 in TRCMP No. 143/2020 passed by the High Court Of Judicature At Madras) G VAISHNAVI Petitioner(s) VERSUS S MUTHUKUMARAN Respondent(s) (FOR ADMISSION and I.R. and IA No.123475/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 08-01-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. P. Chandrasekarn, Adv. Mr. D. Kumanan, AOR Mr. Pulkit Tare, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice on the prayer for interim relief as well as on the Special Leave Petition for the limited purpose of exploring possibility of settlement, returnable within four weeks. Dasti, in addition, is permitted. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

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