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RICHA SUREKA v. AKHIL KUMAR SUREKA

Supreme Court of India | Diary 10298/2022

Status

ROP - of Main Case

Decided On

01-08-2022

Bench

HON'BLE MR. JUSTICE C.T. RAVIKUMAR

Petitioner

RICHA SUREKA

Respondent

AKHIL KUMAR SUREKA

casestatus.in Summary

When multiple matrimonial proceedings between the same parties are pending before different courts, the Supreme Court may exercise its transfer jurisdiction under Section 25 of the Code of Civil Procedure to consolidate such cases before a single Family Court, ensuring consistent adjudication and avoiding conflicting decrees. As analysed on casestatus.in, the transferee court is further directed to consider joint hearing of all consolidated matters for expeditious disposal.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Transfer Petition(s) (Civil) Nos.915-916/2022 RICHA SUREKA Petitioner(s) VERSUS AKHIL KUMAR SUREKA Respondent(s) O R D E R The petitioner and respondent are wife and husband. In between them, four cases are pending. To be precise, they are MT No.115/2018 filed by the wife (the petitioner herein) before Family Court, Dwarka; G.P. Case No.172/2021 filed by the husband (the respondent herein) before Family Court, Noida; H.M.A. No.336/2020 filed by the husband (the respondent herein) before the Family Court, Faridabad and domestic violence case being CC No.218/2018 filed by the wife (the petitioner herein) in Noida. The learned counsel for the respondent submits that there would be no objection in transferring G.P. Case No.172/2021 and H.M.A. No.336/2020, filed by the respondent-husband, from the respective Courts to the Family Court, Dwarka where M.T. No.115/2018 filed by the petitioner-wife, is pending. In regard to CC No.218/2018, the learned counsel for the petitioner submits that the petitioner-wife is not intending to pursue with the same, any further. This is recorded, Hence, in that regard, the petitioner may take appropriate action. In view of the submissions made by the learned counsel on both

2 sides, this transfer petition is allowed. Accordingly, G.P. Case No.172/2021 filed by the respondent and pending in the Court of Family Court, Noida and H.M.A. No.336/2020 filed by the husband (the respondent herein) before the Family Court, Faridabad are transferred to the Family Court, Dwarka. The files pertaining to the cases being G.P. Case No.172/2021 and H.M.A. No.336/2020 be transmitted to the transferee Court at the earliest. Taking note of the fact that all the cases are between the same parties, the Family Court, Dwarka may consider the feasibility of posting and hearing them jointly and also to decide all the cases expeditiously. The transfer petitions are disposed of accordingly. Pending application (s), if any, also stand disposed of. ……………………………………………………….J (C .T. RAVIKUMAR ) NEW DELHI; AUGUST 01, 2022.

3 ITEM NO.1615 COURT NO.11 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) Nos. 915-916/2022 RICHA SUREKA Petitioner(s) VERSUS AKHIL KUMAR SUREKA yu Respondent(s) (Mediation Report Received. ) Date : 01-08-2022 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mrs. Vandana Kejriwal, Adv. Mr. Gaurav Kejriwal, AOR For Respondent(s) Ms. Meenakshi Arora, Sr. Adv. Ms. Charu Sangwan, AOR UPON hearing the counsel the Court made the following O R D E R The transfer petitions are disposed of in terms of the signed order. Pending application (s), if any, also stand disposed of. (ARUSHI SUNEJA) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (Signed order is placed on the file.)

ITEM NO.1615 COURT NO.11 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). 915-916/2022 RICHA SUREKA Petitioner(s) VERSUS AKHIL KUMAR SUREKA Respondent(s) (Mediation Report Received.) Date : 25-07-2022 These petitions were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Nabab Singh, Adv. Mr. Gaurav Kejriwal, AOR For Respondent(s) Ms. Meenakshi Arora, Sr. Adv. Ms. Charu Sangwan, AOR Mr. Chandra Tanag Chaube, Adv. Mr. Ganesh Khemka, Adv. UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the petitioner and Ms. Meenakshi Arora, learned senior counsel for the respondent. Having regard to the submissions made by the learned counsel for the respective parties, the matter is adjourned to 01.08.2022 so as to enable the petitioner’s counsel to seek further instructions in the matter. (SONIA GULATI) (MALEKAR NAGRAJ) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

1 REVISED ITEM NO.1607 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(s)(Civil) No(s). 915-916/2022 RICHA SUREKA Petitioner(s) VERSUS AKHIL KUMAR SUREKA Respondent(s) (FOR ADMISSION and IA No.59423/2022-EX-PARTE STAY ) Date : 27-04-2022 These petitions were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Gaurav Kejriwal, AOR Ms. Vandana Kejriwal, Adv. For Respondent(s) Ms. Meenakshi Arora, Sr. Adv. Ms. Charu Sangwan, AOR UPON hearing the counsel the Court made the following O R D E R Issue notice to the respondent. Ms. Charu Sangwan, learned counsel, who has filed the caveat petition accepts notice on behalf of the respondent. Heard learned counsel for the petitioner as well as learned senior counsel for the respondent. Learned senior counsel for the respondent submitted that some time may be granted in order to file counter affidavit to the petitions filed by the petitioner herein. Pending disposal of these transfer petitions, it would be in

2 the interest of both parties to explore the possibility of settlement through the process of mediation. In the circumstances, the parties are directed to appear before the Supreme Court Mediation Centre on 10.05.2022 at 11.30 A.M. In the meanwhile, proceedings in Divorce Petition (HMA) No. 336 of 2020, titled as “ Akhil Kumar Sureka vs. Richa Sureka ” pending before the District and Sessions Courts, Faridabad Principal Judge, Family Court, Faridabad and Custody Case being G.P.No.172 of 2021, titled as “ Akhil Kumar Sureka vs. Richa Sureka ” pending before Principal Judge, Family Court, Noida, Distt. Gautam Budh Nagar, U.P., shall remain stayed until further orders. It is needless to observe that the mediation proceedings shall not however stall the progress of any other matter which has been filed by the parties inter se. (JATINDER KAUR) (NISHA TRIPATHI) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

3 ITEM NO.1607 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(s)(Civil) No(s). 915-916/2022 RICHA SUREKA Petitioner(s) VERSUS AKHIL KUMAR SUREKA Respondent(s) (FOR ADMISSION and IA No.59423/2022-EX-PARTE STAY ) Date : 27-04-2022 These petitions were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Gaurav Kejriwal, AOR Ms. Vandana Kejriwal, Adv. For Respondent(s) Ms. Meenakshi Arora, Sr. Adv. Ms. Charu Sangwan, AOR UPON hearing the counsel the Court made the following O R D E R Issue notice to the respondent. Ms. Charu Sangwan, learned counsel, who has filed the caveat petition accepts notice on behalf of the respondent. Heard learned counsel for the petitioner as well as learned senior counsel for the respondent. Learned senior counsel for the respondent submitted that some time may be granted in order to file counter affidavit to the petitions filed by the petitioner herein. Pending disposal of these transfer petitions, it would be in the interest of both parties to explore the possibility of

4 settlement through the process of mediation. In the circumstances, the parties are directed to appear before the Supreme Court Mediation Centre on 10.05.2022 at 11.30 A.M. In the meanwhile, proceedings in Divorce Petition (HMA) No. 336 of 2020, titled as “ Akhil Kumar Sureka vs. Richa Sureka ” pending before the District and Sessions Courts, Faridabad Principal Judge, Family Court, Faridabad, shall remain stayed until further orders. It is needless to observe that the mediation proceedings shall not however stall the progress of any other matter which has been filed by the parties inter se. (JATINDER KAUR) (NISHA TRIPATHI) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

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