Moumita Mandal vs. Jyoti Prakash Balabantaray

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.1607 OF 2018

MOUMITA MANDAL ...Petitioner

17:09:12 IST Reason:

VS.

JYOTI PRAKASH BALABANTARAY ...Respondent

O R D E R

Learned counsel appearing for the petitioner submits that so far as the present petition is concerned, the case, transfer of which is asked for in this proceeding, has become infructuous. The said case, being a petition filed under Section 13(1) of the Hindu Marriage Act, 1955 has already been withdrawn by the respondent. It is also submission of the learned counsel for the petitioner that the respondent on the other hand has instituted two other proceedings in the Court of Athagarh, Odisha, one of which is under Section 9 of the Hindu Marriage Act. It is also submitted on behalf of the petitioner that the petitioner has also instituted two proceedings in the Court of District and Sessions Judge, Alipore, West Bengal under protection of the Domestic Violence Act, 2005 and under Section 125 of the Code of Criminal Procedure, 1973, Those two proceedings are subject of two different Transfer Petitions, registered as T.P.(Criminal) Nos. 127 and 128 of 2020. I refrain Digitally signed by ASHA SUNDRIYAL Date: 2020.06.03 Signature Not Verified

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from making any comment on those two Transfer Petitions. So far as the present petition is concerned, the same is disposed of having become infructuous, since the petition filed under Section 13(1) of the Hindu Marriage Act, the transfer of which is prayed for in this proceeding has been withdrawn by the respondent.

......................J. [ANIRUDDHA BOSE]

New Delhi; May 27, 2020.

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ITEM NO.4 VIRTUAL 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). 1607/2018

MOUMITA MANDAL Petitioner(s)

VERSUS

JYOTI PRAKASH BALABANTARAY Respondent(s)

(IA No. 139031/2018 - EX-PARTE STAY)

Date : 27-05-2020 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE

• For Petitioner(s) Mr. Sanjoy Kumar Ghosh,Adv. Mrs. Rupali Samanta Ghosh, AOR
• For Respondent(s) Mr. Jyoti Prakash Balabantaray,Adv. Mr. Bhakti Vardhan Singh, AOR
• UPON hearing the counsel the Court made the following O R D E R

Heard learned counsel for the parties.

The transfer petition is disposed of as having

become infructuous in terms of the signed order.

Pending application shall also stand disposed of.

(ANITA MALHOTRA) (KAMLESH RAWAT) COURT MASTER COURT MASTER (Signed order is placed on the file.)