Aparna vs. Pradeep

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.950 OF 2020

APARNA PETITIONER(S)

VERSUS

PRADEEP RESPONDENT(S)

WITH

TRANSFER PETITION (CIVIL) NO.2307 OF 2022

O R D E R

Learned counsel for the respondent-husband submits that as per his instructions, in the other matter, being HMOP No.111 of 2020 pending at Poonamallee, Tamil Nadu, an ex parte decree of dissolution of marriage has been passed and, therefore, the connected matter, i.e., Transfer Petition (Civil) No.2307 of 2022 is rendered infructuous.

2. Learned counsel for the petitioner-wife submits ad idem with the learned counsel for the respondent-husband that a decree of dissolution of marriage has indeed been passed.

3. Taking note of the submissions so made by the parties, we are also of the view that the petition seeking restitution of conjugal rights, as filed by the respondent-husband at Palakkad, Kerala, which is the subject matter of Transfer Petition (Civil) No.950 of 2020 is practically rendered redundant and there appears no reason to continue with the same either.

4. In the aforesaid view of the matter, both these transfer petitions stand disposed of as practically infructuous.

5. To put to an end to this litigation, we also dispose of the petition for restitution of conjugal rights, being O.P. No.90 of 2020 pending before the Family Court at Palakkad, Kerala, as being redundant.

.................,J. (DINESH MAHESHWARI)

.................,J. (HRISHIKESH ROY)

NEW DELHI DECEMBER 09, 2022

ITEM NO.5 COURT NO.7 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). 950/2020

APARNA Petitioner(s)

VERSUS

PRADEEP Respondent(s)

(IA No.85916/2020-EX-PARTE STAY ) WITH T.P.(C) No. 2307/2022 (XVI-A) (FOR ADMISSION and IA No.154908/2022-EX-PARTE STAY)

Date : 09-12-2022 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE HRISHIKESH ROY

For Parties

Mr. A. Lakshminarayanan, AOR Ms. Gouharunnissa, Adv. Mr. N. Mahendra Babu, Adv. Mr. Abdul Samath, Adv. Mr. Hari Prasad, Sr.Adv. Mr. Sumit Kumar, AOR Mr. Rajesh Pathak, Adv. Ms. Ranjana Pathak, Adv. Mr. Rajesh Choudhary, Adv. Ms. Swathi H. Prasad, Adv. Ms. Kumari Supriya, Adv.

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

These transfer petitions stand disposed of as infructuous in terms of the signed order.

Pending applications also stand disposed of.

(NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (MONIKA DEY) COURT MASTER

(Signed order is placed on the file.)