IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 570 OF 2023

PALLAVI @ PALLAVI REDDY PETITIONER(S)

VERSUS

M. JAGADESH REDDY RESPONDENT(S)

O R D E R

The petitioner is the wife, while the respondent is her husband. The petitioner has sought the following relief: -

"(a) Transfer of H.M.O.P. 48 of 2020 pending on the file of the Senior Civil Judge Palamner, Chitoor District, Andhra Pradesh bearing Cause Title as M. Jagadesh Reddy vs. Smt. Pallavi @ Pallavi Reddy, to Family Court at Bangalore, Karnataka;

….."

We have heard learned counsel for the parties.

Learned counsel for the petitioner submits that the petitioner is residing in Bengaluru and is working as a Software Engineer at Bengaluru and, therefore, she has sought the aforesaid relief.

Per contra**, learned counsel for the respondent drew our attention to the fact that there are three other cases filed by the petitioner herein, which are pending in Palamaner in Andhra Pradesh and, therefore, no purpose would be served in transferring the** Digitally signed by Deepak Guglani Date: 2023.07.31 17:37:29 IST Reason: Signature Not Verified

aforesaid matter from Palamaner to Bengaluru, since the petitioner is in any case, prosecuting the cases which are filed by her, namely, D.V.C. No. 22/2022 pending in the Court of Judicial Magistrate of First Class, Palamaner; M.C. No. 18/2022 pending in the same Court; and PS CR. No. 112/2022 filed for the offences punishable under Sections 498-A read with Section 34 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961, registered with the Police Station – Palamaner Urban.

In the circumstances, since the petitioner has to prosecute the aforesaid three cases at Palamaner, it would be in the interest of justice that H.M.O.P. No. 48/2020, which has been filed by the respondent herein seeking divorce under Section 13 of the Hindu Marriage Act, 1955, also be prosecuted by the respondent and contested by the petitioner herein at the Court at Palamaner itself. In the circumstances, we do not find any reason to transfer the aforesaid case from the Court at Palamaner to the Family Court at Bengaluru.

Hence, the transfer petition is dismissed. Pending application(s), if any, shall stand disposed of.

..................J. (B.V. NAGARATHNA)

..................J. (UJJAL BHUYAN)

NEW DELHI; JULY 27, 2023. 2

ITEM NO.10 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 (Civil) No. 570/2023

PALLAVI @ PALLAVI REDDY PETITIONER(S)

VERSUS

M. JAGADESH REDDY RESPONDENT(S)

(IA No. 45912/2023 - STAY APPLICATION)

Date : 27-07-2023 This matter was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s)

Ms. Shreshta Ragasandesh, AOR

For Respondent(s)

Mr. Sandeep Jindal, AOR

Mr. Pradeep Kumar Dwivedi, Adv.

Mr. Sandeep Kumar Dwivedi, Adv.

Mr. Om Prakash Vyas, Adv.

Mr. Raghvendra Upadhyay, Adv.

Ms. Purnima Jain, Adv.

Mr. Vishweshwar Mishra, Adv.

Mr. Kisalaya Shukla, Adv.

UPON hearing the counsel the Court made the following O R D E R

The transfer petition is dismissed in terms of the signed

order.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (MALEKAR NAGARAJ) AR-cum-PS COURT MASTER (NSH) (signed order is placed on the file)