Akkammal S vs. Manoj M
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Order Issued After Hearing
Purpose:
Next Week / Week Commencing / C.O.Week
Before:
Hon'ble Hima Kohli, Hon'ble Ahsanuddin Amanullah
Stage:
TRANSFER PETITIONS
Remarks:
Case Allowed
Listed On:
15 May 2024
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
205177/2023,
Original Order Copy
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Order Text
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2649 OF 2023
AKKAMMAL S PETITIONER
VERSUS
MANOJ M RESPONDENT
ORDER
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- The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for dissolution of marriage filed by the respondent-husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 bearing O.P. HMA/1423/2022 titled "Manoj M Vs. Akkammal S" pending before the Family Court, Pathanamthitta, Kerala to the Family Court Sivakasi, Virudhnagar, Tamil Nadu.
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- Though service of notice on the respondent-husband is complete, no one has entered appearance on his behalf. Even today, the respondent-husband remains unrepresented.
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- Having heard learned counsel for the petitioner-wife and on examining the grounds taken in the transfer petition, we direct transfer of O.P. HMA/1423/2022 titled "Manoj
M Vs. Akkammal S" pending before the Family Court, Pathanamthitta, Kerala to the Family Court Sivakasi, Virudhnagar, Tamil Nadu.
- The record of the case be transferred immediately to the transferee Court.
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- Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of the outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.
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- The Transfer Petition is allowed on the above terms. Pending application is disposed of.
………………..............................J. ( HIMA KOHLI )
……………...................................J. ( AHSANUDDIN AMANULLAH )
NEW DELHI 15th MAY, 2024 GA
The transfer petition is allowed in terms of the signed order.
Pending application is disposed of.
O R D E R
(Nand Kishor) (Geeta Ahuja) Court Master (NSH) Assistant Registrar-cum-PS (Signed Order is placed on the file)
UPON hearing the counsel the court made the following
3
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). 2649/2023
AKKAMMAL S PETITIONER(S)
MANOJ M RESPONDENT(S)
( IA No. 205177/2023 - EX-PARTE STAY)
VERSUS
Date : 15-05-2024 This petition was called on for hearing today.
CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH
For Petitioner(s) Mr. Balaji Srinivasan, AOR Mrs. Lakshmi Rao, Adv. Ms. Anisha Goyal, Adv.
For Respondent(s)
ITEM NO.3 COURT NO.10 SECTION XI-A