Pallabi Rai vs Rahul Rai

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.441 OF 2020

PALLABI RAI Petitioner

VERSUS

RAHUL RAI Respondent

O R D E R

Heard learned counsel appearing for the petitioner.

The learned counsel appearing for the respondent states that

he has no objection for passing an order of transfer as prayed for.

The Learned counsel appearing for the respondent states that

even the petition under Section 125 of the Code of Criminal

Procedure, 1973 (“the Code” for short) filed by the petitioner

which is pending in the Court of the Learned Chief Judicial

Magistrate at Barasat Court, 24 Paragana be transferred to the

Family Court where the case subject matter of this petition which

is sought to be transferred is pending. As a Family Court will have

jurisdiction to try a petition under Section 125 of the Code, the

aforesaid prayer deserves to be accepted.

Accordingly, Case No.M.C. No.1949 of 2019, titled “Rahul Rai

vs. Pallabi Rai", pending before the Court of 2nd Additional

Principal Judge, Family Court, Bangalore is hereby transferred to

the Court of the Principle Judge, Family Court, Bankshall Court, Signature Not Verified Digitally signed by Indu Marwah Date: 2021.12.09

Hare Street, Kolkata.

19:02:02 IST Reason:

Further, the petition for maintenance being Case No.M502 of

2020 titled “Pallavi Rai (Das) v. Rahul Rai”, filed by the 2

petitioner against the respondent under Section 125 of Code in the

Court of the Learned Chief Judicial Magistrate, Barasat Court, 24

Paragana is also transferred to the Court of the Learned Principal

Judge of the Family Court, Bankshall Court, Hare Street, Kolkata.

Both the cases shall be heard together.

Considering young age of the parties and the nature of the

dispute, the Learned Principle Judge shall endeavour to give out of

turn priority for disposal of the cases. He may also consider the

option of referring the parties to mediation.

The transferee Court shall decide the transferred cases as

expeditiously as possible.

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

concerned Courts immediately by e-mail for necessary compliance.

This transfer petition is allowed accordingly.

.................................J. [ABHAY S. OKA]

NEW DELHI;

DECEMBER 03, 2021