Akkireddy Nihaarika v. Akkireddy Karteek Kumar

Supreme Court of India · 27 Jan 2022 · 2022 INSC 104
D. Y. Chandrachud; Sanjiv Khanna
Transfer Petition (Civil) No 1532 of 2020
civil appeal_allowed

AI Summary

The Supreme Court allowed the transfer of a petition for restitution of conjugal rights from a Family Court in Andhra Pradesh to a competent court in Telangana in the interest of justice.

Full Text
Translation output
TP(C) 1532/2020
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No 1532 of 2020
Smt Akkireddy Nihaarika Petitioner
VERSUS
Akkireddy Karteek Kumar Respondent
ORDER

1 The transfer petition has been instituted for seeking the transfer of a petition for restitution of conjugal rights instituted by the respondent, being FCOP No 875 of 2020, titled as “Akkireddy Karteek Kumar vs Smt Akkireddy Nihaarika” before the court of the Judge, Family Court-cum-V Additional District Judge at Visakhapatnam, Andhra Pradesh to the court of the Principal Senior Civil Judge/competent court, Lothagudem Bhadhradri, Kothagudem District, Telangana.

2 Notice was issued in the transfer petition on 1 March 2021.

3 Having regard to the interests of justice, we are of the view that the order for the transfer of the proceedings is warranted. We accordingly allow the transfer petition and direct that the petition for restitution of conjugal rights instituted by the respondent, being FCOP No 875 of 2020, titled as “Akkireddy Karteek Kumar vs Smt Akkireddy Nihaarika”, pending before the court of the Judge, Family Court-cum-V Additional District Judge at Visakhapatnam, Andhra Pradesh be transferred to the court of the Principal Senior Civil Judge/competent court, Lothagudem Bhadhradri, Kothagudem District, Telangana. 2022 INSC 104

4 However, the parties are at liberty to apply before the court of the Principal Senior Civil Judge/competent court for appearing through the video conferencing mode.

5 The records of the case shall be transferred to the transferee court forthwith.

6 Pending application, if any, stands disposed of. …………...…...….......……………… ........ J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….… ........ J. [Sanjiv Khanna] New Delhi; January 27, 2022 CKB ITEM NO.10 Court 4 (Video Conferencing) 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 (Civil) No.1532/2020 AKKIREDDY NIHAARIKA Petitioner(s)

VERSUS

AKKIREDDY KARTEEK KUMAR Respondent(s) (With appln.(s) for IA No.135003/2020 - STAY APPLICATION) Date: 27-01-2022 These matters were called on for hearing today. CORAM: HON'BLE DR.

JUSTICE D.Y. CHANDRACHUD HON'BLE MR.

JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Parnam Prabhakar, Adv. Mr. Sanjeev Kumar, AOR For Respondent(s) Mr. Shivam Batra, AOR UPON hearing the counsel the Court made the following O R D E R

1 The transfer petition is allowed in terms of the signed order.

2 Pending applications, if any, stand disposed of. (CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. COURT MASTER (Signed order is placed on the file)