Supreme Court - Daily Orders
Roopa Mahadevswamy Shetty vs Mahadevswamy M. Shetty on 12 August, 2024
Bench: Dipankar Datta, Prashant Kumar Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.3150/2023
ROOPA MAHADEVSWAMY SHETTY Petitioner(s)
VERSUS
MAHADEVSWAMY M. SHETTY Respondent(s)
WITH
TRANSFER PETITION (CRIMINAL) No. 653/2024
SRI MAHADEVASWAMY SHETTY Petitioner(s)
VERSUS
SMT. VANI S. @ ROOPA & ANR. Respondent(s)
ORDER
T.P. (CIVIL) NO.3150/2023
1. Read the office report dated 8th August, 2024.
2. Mediation report dated 27.05.2024 has been received from the Supreme Court Mediation Centre. As per the mediation report, mediation between the parties has failed to bring about any settlement.
3. The marriage between the petitioner and the respondent was solemnized on 06.12.2007. Two sons are born from the wedlock. However, the parties have since drifted apart owing to differences having arisen between them.
4. The respondent has instituted proceedings under Section 13 of the Hindu Signature Not Verified Marriage Act, 1955, bearing P.A. No. 1121/2023 titled “Mr. Mahadevswamy M. Digitally signed by Jatinder Kaur Date: 2024.08.14 16:31:54 IST Reason: Shetty vs. Mrs. Roopa Mahadevswamy Shetty”. The same is pending before the Family Court, Pune, Maharashtra.
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5. On the multiple grounds urged in the transfer petition, the petitioner has sought for transfer of the aforesaid proceedings from the Family Court, Pune, Maharashtra to the Family Court, Mysore, Karnataka.
6. Having heard learned counsel for the parties and on consideration of the averments made in the transfer petition, more particularly giving due regard to the inconvenience that the petitioner is likely to suffer if proceedings were continued at the Family Court, Pune, Maharashtra, we are satisfied that transfer, as prayed, ought to be granted.
7. Hence, the transfer petition is allowed. P.A. No. 1121/2023 titled “Mr. Mahadevswamy M. Shetty vs. Mrs. Roopa Mahadevswamy Shetty” pending before the Family Court, Pune, Maharashtra is transferred to the Family Court, Mysore, Karnataka. Records of P.A. No. 1121/2023 be transferred to the transferee court immediately.
8. To avoid delay, the parties are directed to appear before the transferee court on 20.09.2024. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law.
9. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law.
10. If the respondent is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably.
11. Pending application(s), if any, shall also stand disposed of. 3 TRANSFER PETITION (CRIMINAL) No. 653/2024 The transfer petition is dismissed with liberty to the parties to apply before the Trial Court seeking exemption from personal appearance (unless absolutely required pursuant to any judicial order) as well as to participate in the proceedings through the virtual mode. If such application is made, the Trial Court will proceed to consider the same in accordance with law.
………………......................J. [DIPANKAR DATTA] ………………......................J. [PRASHANT KUMAR MISHRA] New Delhi;
August 12, 2024.
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ITEM NO.3 COURT NO.17 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s). 3150/2023
ROOPA MAHADEVSWAMY SHETTY Petitioner(s)
VERSUS
MAHADEVSWAMY M. SHETTY Respondent(s)
IA No. 243233/2023 - EX-PARTE STAY
WITH
T.P.(Crl.) No. 653/2024 (II-C)
(FOR ADMISSION and IA No.161929/2024-EX-PARTE STAY) Date : 12-08-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) M/S. Gururaj & Nayak, AOR Mr. C B Gururaj, Adv.
Mr. Animesh Dubey, Adv.
Mr. Apoorv Nautiyal, Adv.
Mr. K P Singh, Adv.
Mr. Sangramsingh R. Bhonsle, AOR Mr. Nrupal A Dingankar, Adv.
Ms. Pushkara A Bhonsle, Adv.
Mr. Naman Sherstra, Adv.
Mr. Mahesh Jadhav, Adv.
For Respondent(s) Mr. Sangramsingh R. Bhonsle, AOR Mr. Nrupal A Dingankar, Adv.
Ms. Pushkara A Bhonsle, Adv.
Mr. Naman Sherstra, Adv.
Mr. Mahesh Jadhav, Adv.
UPON hearing the counsel the Court made the following O R D E R T.P.(C) NO.3150/2023 is allowed and T.P.(Crl.) No. 653/2024 is dismissed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(JATINDER KAUR) (SUDHIR KUMAR SHARMA)
P.S. to REGISTRAR COURT MASTER (NSH)
[Signed order is placed on the file]