Asutosh Mohanty v. Aparajita Mohanty

Supreme Court of India · 28 Nov 2016
Kurian Joseph; Rohinton Fali Nariman
Civil Appeal No. 11337 of 2016
family appeal_allowed

AI Summary

The Supreme Court allowed the transfer of a family court case from Sambalpur to Bhubaneswar in the interest of justice and convenience.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11337 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 11858 OF 2016 ]
ASUTOSH MOHANTY Appellant(s)
VERSUS
APARAJITA MOHANTY Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellant is aggrieved since his application for transfer of C.P. No. 106 of 2015 from the Family Court, Sambalpur to the Family Court, Bhubaneswar was declined.

3. Having heard the learned counsel on both the sides, we are of the view that it is in the interest of both the parties and it is fairly conceded also by the respondent that the matter be heard at Bhubaneswar.

4. Therefore, we direct that C.P. No. 106 of 2015 be transferred from the Family Court at Sambalpur to the Family Court at Bhubaneswar. Page 2

5. The parties shall appear before the Family Court at Bhubaneswar on 13.01.2017.

6. With the above observations and directions, this appeal is disposed of.

7. The Registry is directed to communicate a copy of this Judgment to both the Courts forthwith. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ ROHINTON FALI NARIMAN ] New Delhi; November 28, 2016.