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Supreme Court of India

DEEPA MOHAN NAIK vs CHANDRA BHUSAN PAL on 4 October, 2021

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2021 INSC 602T.P.(C) No.-002241 - 2018Official PDFAuthor Shripathi Ravindra BhatBench Shripathi Ravindra BhatAdvocates SAHIL TAGOTRA
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2241 OF 2018
DEEPA MOHAN NAIK Petitioner
VERSUS
CHANDRA BHUSAN PAL Respondent
O R D E R

This transfer petition has been filed by the petitioner-wife

seeking transfer of petition filed by the respondent-husband in the

Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar to the

Court of Civil Judge Senior Division, Panaji, Goa.

Having heard learned counsel for the parties, this Court is of

the opinion that another attempt for securing an amicable

settlement through mediation should be made by the parties.

Considering the facts and circumstances on the record and

overall interest of justice, this Court is of the opinion that

request for transfer of proceedings from the Court at Bhojpur, Ara,

Bihar to the Court at Panaji, Goa, is justified.

Consequently, the petition being Matrimonial Case No.84 of

2017, titled as “Chandra Bhusan Pal v. Deepa Mohan Naik”, pending

in the Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar

SignatureisNot Verifiedtransferred to the Court of Civil Judge Senior Division, Panaji, Mukesh Nasa

The Family Court at Bhojpur, Ara, Bihar is directed to

transmit the entire record to the transferee Court immediately.

The transferee Court shall in the first instance refer the

parties to the Mediation Centre of the Bombay High Court, Goa

Bench. The Mediation Centre shall conduct the proceedings as per

the choice of the parties - if so required by Video-Conferencing

mode as well.

The transferee Court shall not proceed with the case for eight

weeks, during which period the mediation proceedings may be

pending. In case no settlement is arrived at between the parties,

the case shall be taken up after said period of eight weeks. This

period shall commence from the date of receipt of the papers from

the Court at Bhojpur, Ara, Bihar alongwith the order of this Court.

The transferee Court shall decide the case so transferred as

expeditiously as possible.

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

the Courts immediately for compliance.

This transfer petition is allowed accordingly.

OCTOBER 04, 2021