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R.Manjula Vs. V.Raja [2009] INSC 105 (20 January 2009)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 458 OF 2007 R. Manjula ...Petitioner Versus V. Raja ...Respondent

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.

4. The transfer petition is accordingly disposed of.

....................................J. (Dr. ARIJIT PASAYAT)

.....................................J.

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