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Supreme Court of India

AARATI KUMARI vs SANJEEV KUMAR SINGH on 4 October, 2021

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2021 INSC 601T.P.(C) No.-000232 - 2018Official PDFAuthor Shripathi Ravindra BhatBench Shripathi Ravindra BhatAdvocates NIDHI
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.232 OF 2018
AARATI KUMARI Petitioner
VERSUS
SANJEEV KUMAR SINGH Respondent
O R D E R

This transfer petition has been filed by the petitioner-wife

seeking transfer of divorce petition filed by the respondent-

husband in the Court of Principal Judge, Family Court, Varanasi to

the Family Court, Muzaffarpur, Bihar.

By order dated 16.09.2019, the parties were directed to appear

before the Supreme Court Mediation Centre to explore the

possibility of settlement.

According to the report of the Supreme Court Mediation Centre

submitted on 05.10.2019, the parties could not arrive at any

mutually acceptable terms of settlement.

Heard learned counsel for both sides and perused the record.

Considering the facts and circumstances on the record, this

Court is of the opinion that request for transfer of proceedings

from the Family Court, Varanasi to the Family Court, Muzaffarpur,

Bihar, is justified.

Mukesh Nasa

Consequently, the divorce petition bearing No.1299/2017,

titled as “Sanjeev Kumar Singh v. Aarati Kumari”, pending in the

Court of the Principal Judge, Family Court, Varanasi is transferred

to the Court of Principal Judge, Family Court, Muzaffarpur, Bihar

The Family Court at Varanasi is directed to transmit the

entire record to the transferee Court immediately.

The transferee Court at Muzaffarpur shall ensure that for

facilitation of the parties, successive date(s) of hearing and/or

for recording of evidence are fixed to suit the convenience of the

parties, especially the respondent who has to travel to attend the

proceedings.

The transferee Court shall decide the case so transferred as

expeditiously as possible and in any case within one year from the

receipt of copy of this order.

The Registry is directed to send a copy of this Order to both

the Courts immediately by e-mail for compliance.

This transfer petition is allowed accordingly.

OCTOBER 04, 2021