Supreme Court - Daily Orders
Sudhir Laxman Naik vs Deekshitha Dinakar on 12 September, 2024
Author: Abhay S. Oka
Bench: Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.693/2024
SUDHIR LAXMAN NAIK PETITIONER(S)
VERSUS
DEEKSHITHA DINAKAR RESPONDENT(S)
O R D E R
1. The present petition has been filed by the petitioner–husband seeking transfer of Matrimonial Case No.1 of 2024 titled “Mrs. Deekshitha Dinakar vs. Mr. Sudhir Laxman Naik” pending before the learned Principal Judge and Family Court at Udupi, Karnataka to the Family Court, Thane, Maharashtra.
2. Heard the learned counsel appearing for the parties.
3. The mediation has failed. One case is filed by the wife which is pending in the Court at Thane. The respondent – wife has not sought transfer of the said case. Now the husband wants transfer of a case filed in Signature Not Verified Digitally signed by Udupi in Karnataka to the Court in Thane. Hence, it will KAVITA PAHUJA Date: 2024.09.17 17:22:20 IST Reason: be appropriate if both the matters are heard at the same place.
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4. Accordingly, Matrimonial Case No.1 of 2024 titled “Mrs. Deekshitha Dinakar vs. Mr. Sudhir Laxman Naik” pending before the learned Principal Judge and Family Court at Udupi, Karnataka is hereby transferred to the Family Court, Thane, Maharashtra.
5. Records shall be sent by the Court where proceedings are pending to the transferee Court promptly.
6. On an application made by the respondent, the Family Court to which the case is transferred shall permit the respondent to appear through video conference on all dates except on the dates on which her personal presence is absolutely mandatory.
7. The Transfer Petition is, accordingly allowed.
..........................J. (ABHAY S.OKA) ..........................J. (AHSANUDDIN AMANULLAH) ..........................J. (AUGUSTINE GEORGE MASIH) NEW DELHI;
SEPTEMBER 12, 2024.
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ITEM NO.1 COURT NO.6 SECTION IV-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.693/2024
SUDHIR LAXMAN NAIK Petitioner(s)
VERSUS
DEEKSHITHA DINAKAR Respondent(s)
([MEDIATION REPORT RECEIVED] IA No. 60906/2024 - EX-PARTE STAY) Date : 12-09-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Omkar Jayant Deshpande, Adv.
Mr. Shashibhushan P. Adgaonkar, AOR Mrs. Pradnya S Adgaonkar, Adv.
For Respondent(s) Mr. Vaibhav Mishra, AOR Mr. Raghav Sood, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(KAVITA PAHUJA) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file]