IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2241 OF 2018
DEEPA MOHAN NAIK Petitioner
VERSUS
CHANDRA BHUSAN PAL Respondent
ORDER
This transfer petition has been filed by the petitioner-wife seeking transfer of petition filed by the respondent-husband in the Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar to the Court of Civil Judge Senior Division, Panaji, Goa.
Having heard learned counsel for the parties, this Court is of the opinion that another attempt for securing an amicable settlement through mediation should be made by the parties. Considering the facts and circumstances on the record and overall interest of justice, this Court is of the opinion that request for transfer of proceedings from the Court at Bhojpur, Ara, Bihar to the Court at Panaji, Goa, is justified.
Consequently, the petition being Matrimonial Case No.84 of 2017, titled as “Chandra Bhusan Pal v. Deepa Mohan Naik”, pending in the Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar is transferred to the Court of Civil Judge Senior Division, Panaji, Goa.
The Family Court at Bhojpur, Ara, Bihar is directed to transmit the entire record to the transferee Court immediately.
The transferee Court shall in the first instance refer the parties to the Mediation Centre of the Bombay High Court, Goa Bench. The Mediation Centre shall conduct the proceedings as per the choice of the parties - if so required by Video-Conferencing mode as well.
The transferee Court shall not proceed with the case for eight weeks, during which period the mediation proceedings may be pending. In case no settlement is arrived at between the parties, the case shall be taken up after said period of eight weeks. This period shall commence from the date of receipt of the papers from the Court at Bhojpur, Ara, Bihar alongwith the order of this Court.
The transferee Court shall decide the case so transferred as expeditiously as possible.
The Registry is directed to send a copy of this Order to both the Courts immediately for compliance.
This transfer petition is allowed accordingly.
.................................J. [S. RAVINDRA BHAT]
NEW DELHI;
OCTOBER 04, 2021