Sunanda Nath vs. Jishu Nath
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Order Issued After Hearing
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Case Registered
Listed On:
9 Feb 2012
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Order Text
ITEM NO.55 COURT NO.7 SECTION XVIA 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(s). 209 OF 2012 SUNANDA NATH Petitioner(s) VERSUS JISHU NATH Respondent(s) (With appln(s) for stay and office report ) Date: 27/08/2012 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE ANIL R. DAVE For Petitioner(s) Mr. Avijit Bhattacharjee,Adv. Mrs. Sarbani Kar, Adv. Mr. Bikas Kargupta, Adv. For Respondent(s) Mr. Shuvodeep Roy,Adv. UPON hearing counsel the Court made the following O R D E R Transfer Petition is allowed in terms of signed order.
|(Pardeep Kumar) | |(Renu Diwan) | |Court Master | |Court Master |
[SIGNED ORDER IS PLACED ON THE FILE]
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO.209 OF 2012
| SUNANDA NATH |.. | PETITIONER(s) |
R
O R D E R
This is wife's petition seeking transfer of Divorce Petition being H.M.A. No. 880 of 2011, Jishu Nath vs. Sunanda Nath from the Family Court, Dwarka, New Delhi to the Family Court, Silchar, District Cachar, Assam.
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The respondent has appeared pursuant to the notice. As a matter of fact, the matter was referred to the District Court Mediation Centre, Silchar (Assam) for resolution of the disputes between the parties through the process of mediation. Unfortunately, the mediation process could not fructify into resolution of disputes between the parties.
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Having regard to the fact that the petitioner-wife resides in Silchar, District Cachar (Assam), we are satisfied that the petitioner-wife shall be put to greater hardship if the proceedings in the above divorce petition are allowed to be continued in Delhi.
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- We, accordingly, allow the Transfer Petition and transfer Divorce Petition being H.M.A. No. 880 of 2011, Jishu Nath vs. Sunanda Nath from the Family Court, Dwarka, New Delhi to the court of Principal District Judge, District Cachar, Assam. It will be open to the Principal District Judge, District Cachar, Assam to transfer the above Divorce Petition for disposal to any other court within his jurisdiction. The record and proceedings pertaining to the above petition shall be transmitted to the transferee court without any delay. No costs.
.........................J. (R.M. LODHA)
..........................J. (ANIL R. DAVE)
NEW DELHI AUGUST 27, 2012.