Supreme Court - Daily Orders
Gayathri. G vs Rahul Shenoy on 29 March, 2023
Bench: Surya Kant, J.K. Maheshwari
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) No.771 of 2022
GAYATHRI. G PETITIONER
VERSUS
RAHUL SHENOY RESPONDENT
O R D E R
1. The petitioner-wife seeks transfer of O.P. No. 461 of 2022, titled as “Rahul Shenoy Vs. Gayathri G.”, filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which is pending before the Family Court, Chennai, Tamil Nadu. The petitioner-wife seeks transfer thereof to the Court of Principal Judge, Family Court, Bangalore, Karnataka.
2. At the joint request of learned counsel for the parties, vide order dated 02.11.2022, the parties were directed to appear before the Supreme Court Mediation Centre on 30.11.2022 to explore the possibility of an amicable settlement of the matrimonial disputes.
Signature Not VerifiedDigitally signed by satish kumar yadav Date: 2023.04.06
3. 17:29:03 IST Reason: As per the Mediation Report dated 12.01.2023, the parties could not arrive at an amicable settlement and hence, the mediation was unsuccessful.
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4. Again on 10.02.2023, the matter was referred to the Supreme Court Mediation Centre with a direction that the matter be assigned to some senior Mediator.
5. As per the Mediation Report dated 13.03.2023, the parties again could not arrive at an amicable settlement and hence, the mediation was unsuccessful.
6. Heard learned counsel for the parties and carefully perused the material placed on record.
7. The petitioner-wife has sought transfer of the case mainly on the grounds of financial difficulty and her inability to travel from Bangalore to Chennai, which is at a distance of approximately 348 kms., to attend the proceedings of the case filed by the respondent-husband.
8. Taking into consideration the hardships which are likely to be faced by the petitioner-wife in contesting the case at Chennai, Tamil Nadu, we deem it appropriate to allow the instant petition.
9. The Transfer Petition is, accordingly, allowed and O.P. No.461 of 2022, titled as “Rahul Shenoy Vs. Gayathri G.”, filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which is pending before the Family Court, Chennai, Tamil Nadu is ordered to be transferred to the Court of Principal Judge, Family Court, Bangalore, Karnataka. The records be forwarded to the Transferee Court forthwith. 3
10. We direct the transferee court to permit the respondent – husband to appear through Video Conferencing except on such dates when his presence is mandatorily required.
11. As a result, pending interlocutory application stands disposed of.
.........................J. (SURYA KANT) ..............…….........J. (J.K. MAHESHWARI) NEW DELHI;
MARCH 29, 2023.
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ITEM NO.4 COURT NO.9 SECTION XVI-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(s)(Civil) No(s).771/2022 GAYATHRI. G Petitioner(s) VERSUS RAHUL SHENOY Respondent(s) (***Mediation report dated 13.03.2023 has been received. IA No.50094/2022 - EX-PARTE STAY) Date : 29-03-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Jose Abraham, AOR For Respondent(s) Ms. Shabnam Banu, Adv.
Ms. Oorjasvi Goswami, Adv.
Mr. Naren Gautam, Adv.
Mr. Mohd. Shakeib Naru, Adv.
Mr. Rohit Anil Rathi, AOR 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. The records be forwarded to the Transferee Court forthwith.
As a result, pending interlocutory application stands disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)