Sharmila Bagchi @ Gangopadhayay vs Sourav Gangopadhayay

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

Transfer Petition (Civil) No 124 of 2020

Sharmila Bagchi @ Gangopadhayay Petitioner

Versus

Sourav Gangopadhayay Respondent

ORDER

1 The petitioner-wife seeks transfer of MAT Suit No 454 of 2018 titled “ Sourav

Gangopadhayay vs Sharmila Bagchi @ Gangopadhayay ”, which is a petition

for divorce under Section 13 of the Hindu Marriage Act 1955 and is pending

before the Principal Judge (ADJ – V), Family Court Burdwan, West Bengal. The

petitioner-wife seeks the transfer of the above stated case to the Principal

Judge, Family Court, Shamli (U.P.).

2 This Court issued notice on 28 January 2020 to the respondent-husband and

stayed the further proceedings in the divorce case. As per the Office Report,

a notice sent through AD card, duly signed by the respondent has been

received back, but no one has entered appearance on his behalf so far. No

counter affidavit has thus been filed. It appears that the respondent-

husband is not keen to contest the instant transfer petition.

3 It is further revealed from the averments that marriage between the parties

Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2022.01.28 16:48:14 IST Reason: TP(C) 124/2020 2

was solemnized on 17 January 2017. The parties are doctors by profession.

There is no child born out of the wedlock. Taking into consideration the

averments made by the petitioner-wife that she is residing with her parents

in Shamli, U.P., where she has also filed maintenance petition, I deem it

appropriate to allow the present transfer petition. Ordered accordingly.

4 MAT Suit No 454 of 2018 titled “ Sourav Gangopadhayay vs Sharmila Bagchi

@ Gangopadhayay” pending before the Principal Judge (ADJ – V), Family

Court Burdwan, West Bengal is ordered to be transferred to the Family

Court, Shamli (U.P.). The records shall be transferred to the transferee court

forthwith.

5 The respondent-husband shall be entitled to seek modification/recall of this

order within a period of three months if it is found that he has not been

served with AD notice as reported by the Office.

6 The transfer petition is disposed of in the above terms.

7 Pending applications, if any, stand disposed of.

…...….......………………........J. [Surya Kant]

New Delhi;

January 18, 2022 CKB TP(C) 124/2020 3

ITEM NO.8 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.124/2020

SHARMILA BAGCHI @ GANGOPADHAYAY Petitioner(s)

VERSUS

SOURAV GANGOPADHAYAY Respondent(s)

(With appln.(s) for IA No.12522/2020-EX-PARTE STAY and IA No.12523/2020-EXEMPTION FROM FILING O.T.)

Date : 18-01-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT

For Petitioner(s) Mr. Mujahid Ahmad, Adv.

Mr. Mohd. Irshad Hanif, AOR Mr. Aarif Ali Khan, Adv.

Mr. Danish Sher Khan, Adv.

Mr. Shishir Raj, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

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

2 Pending applications, if any, stand disposed of.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. BRANCH OFFICER (Signed order is placed on the file)