Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 458 OF 2007
R. Manjula ...Petitioner
Versus
V. Raja ...Respondent
J U D G M E N T
Dr. ARIJIT PASAYAT, J
1. This transfer petition has been filed by the petitioner-wife seeking
transfer of H.M.P. No.289 of 2005 titled V. Raja v. R. Manjula pending in
the Court of learned Civil Judge, Senior Division, Nasik, Maharashtra.
Prayer is to transfer the case to Family Court at Vellur District, Tamil Nadu.
During the pendency of the matter, a Bench of this Court directed the parties
to appear before the District Mediation Centre, Vellore to explore the
possibility of setting the disputes. By report dated 4.11.2008 the Mediation
Centre has reported as follows:
“The parties have appeared and advises given. Parties
given time to think and decide. Parties filed joint compromise
memo. Joint compromise memo recorded. The Mediation
Centre has successfully conducted enquiry as per the directions
of Honourable Supreme court Legal Services Committee.
Parties are now living together after compromise efforts.
This information submitted to Honourable Supreme
Court Legal Services Committee.”
2. Learned counsel for the parties has also filed a joint compromise
memo which reads as follows:
“We both appeared before Vellore District Mediation
Centre, Vellore (Tamil Nadu State) for five dates (i.e.) on
17.10.2008, 31.10.2008, 7.11.2008 14.11.2008 and 28.11.2008.
We both were advised by Honourable committee Members.
Sufficient time was granted to think and decide the issue. After
consultation of our elders and as per benevolent advice of
Mediation Centre we are whole heartedly willing to live
together along with our children at our native village, Arcot,
Vellore District in Tamil Nadu.”
3. In view of the aforesaid happy situation, nothing needs to be done in
these proceedings except to direct that further continuance of H.M.P.
No.289 of 2005 is not necessary. The proceedings stand closed.
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4. The transfer petition is accordingly disposed of.
………………………………J.
(Dr. ARIJIT PASAYAT)
..……………………………..J.
(ASOK KUMAR GANGULY)
New Delhi,
January 20, 2009
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