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SUBRAMANIAN RAMANATHAN v. MADHURI SUBRAMANIAN @ MADHURI NAIK

Supreme Court of India | Diary 13804/2023

Status

Order

Decided On

2023-12-13

Bench

HON'BLE MR. JUSTICE SANJAY KUMAR, HON'BLE MR. JUSTICE SANJAY KAROL

Petitioner

SUBRAMANIAN RAMANATHAN

Respondent

MADHURI SUBRAMANIAN @ MADHURI NAIK

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

Transfer Petition (Civil) No.1047/2023

SUBRAMANIAN RAMANATHAN Petitioner(s)

VERSUS

MADHURI SUBRAMANIAN @ MADHURI NAIK Respondent(s)

O R D E R

1. The petitioners have filed the captioned transfer petition

under Section 25 of the Code of Civil Procedure, 1908 for transfer

of Petition No.PA- 5 of 2023, titled as “Mrs. Madhuri Subramanian @

Madhuri Naik Vs. Mr. Subramanian Ramanathan” pending before the

Family Court at Pune, Maharashtra to Sub Court, Poonamallee, Tamil

Nadu.

2. Office Report dated 11.12.2023 indicates that the respondent

was duly served, however despite repeated calls, he has not entered

appearance and contest the case. Having heard learned counsel

appearing for the petitioner and perused the petition and the

averment made thereunder, we are of the view that the petition made

out of a case for transfer, more so on the ground of ill-health as

also that the respondent has been threatening the petitioner.

3. Accordingly, the Transfer Petition is allowed. The the

Family Court at Pune, Maharashtra shall transfer the entire records

to the transferee Court, expeditiously. The transferee Court viz.

Sub Court, Poonamallee, Tamil Nadu shall proceed further from the

stage left by the transferor Court, after issuing appropriate

notice(s) to the parties. Further, the respondent ...

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