Citation : 2021 Latest Caselaw 3768 MP
Judgement Date : 30 July, 2021
1 MCC-1527-2019
The High Court Of Madhya Pradesh
MCC-1527-2019
(SMT SUMAN PANDIT Vs ASHOK PANDIT)
4
Jabalpur, Dated : 30-07-2021
Heard through Video Conferencing.
Shri Sushant Ranjan, learned counsel for the applicant.
Heard on I.A.No.4255/2021 which is an application for extension of
the stay order granted on 23.07.2019.
Present application has been filed under Section 24 for transfer of
matrimonial matter at the instance of the wife from Family Court, Mandla to
Family Court, Ratlam. This Court while issuing notices on 23.07.2019 by way
of interim measure, stayed the proceedings of Civil Suit No. RCS
A/0000061/2019 before the Family Court, Mandla.
Learned counsel for the applicant submits that the Family Court
interpreting the judgment passed by the Supreme Court in the case of Asian
Resurfacing of Road Agency Private Limited and anr. Vs. Central
Bureau of Investigation, 2018 (16) SCC 299 is proceeding with the
proceedings.
The aforesaid order passed by the Supreme Court has been clarified in
a later judgment passed by the Supreme Court. The respondent is not served
in the present case and therefore, it is directed that the proceedings pending before the Family Court, Mandla shall remain stayed till the next date of hearing.
In the meantime, learned counsel for the applicant may serve the non- applicant in the pending civil suit before the Family Court, Mandla either in person or through an Advocate representing the non-applicant in the said case.
C.C as per rules.
(VIJAY KUMAR SHUKLA) JUDGE 2 MCC-1527-2019 anu
Signature Not Verified SAN
Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2021.07.30 16:55:55 IST
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