Supreme Court - Daily Orders
Priya Bhatia vs Sandeep Shradhanand Chawla on 21 February, 2022
Author: Hima Kohli
Bench: Hima Kohli
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No. 2465/2019
PRIYA BHATIA Petitioner
VERSUS
SANDEEP SHRADHANAND CHAWLA Respondent
1. When the matter was taken up on the last date of hearing,
counsel for both the parties were granted time to seek instructions
from their clients, as to whether they would be ready and willing
to go in for mediation. Today learned counsel for the respondent-
husband states that his client has expressed his disinclination to
explore the possibility of a settlement with the petitioner-wife
through mediation. As a result, the matter is taken up for disposal
on merits.
2. Learned counsel for the petitioner-wife states that both the
parties are residing separately in Dubai. In fact, the marriage of
the parties was registered in Dubai. It is stated that the
respondent-husband has filed proceedings under Section 23 of the
Foreign Marriage Act,1969 Section 23 of the Special Marriage Act
before the Principal District and Sessions Judge, Amravati,
Maharashtra only to harass the petitioner-wife. The court is
further informed by learned counsel for the petitioner-wife that
Signature Not Verified
there is no direct flight from Dubai to Amravati and whereas there
Digitally signed by
DEEPAK SINGH
Date: 2022.03.04
11:01:18 IST
Reason:
are several flights that connect Dubai to Delhi which is an
additional reason for making a request to transfer the petition
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filed by the respondent-husband from Amravati, Maharashtra to
Delhi.
3. Learned counsel for the respondent-husband states that the
sole reason for filing the petition for judicial separation by the
respondent husband at Amravati, Maharashtra is that the marriage of
the parties was solemnized there. He confirms that the respondent-
husband is presently working for gain residing at Dubai.
4. In view of the averments made in the present petition and the
submissions made by learned counsel for the parties, it is deemed
appropriate to allow the present petition. The Court of learned
Principal District and Sessions Judge, Amravati, Maharashtra is
directed to transmit the records of petition bearing SMP No.
19/2019 filed by the respondent-husband to the competent Family
Court at New Delhi at the earliest so that the matter can be taken
up by the transferee Court further from the point where it was.
5. The present petition is disposed of along with the pending
applications. Parties shall present themselves through their
respective counsel before the concerned Family Court at Delhi on
28th April, 2022 for further proceedings.
…………………………………….J
[HIMA KOHLI]
NEW DELHI,
FEBURARY 21, 2022
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ITEM NO.1605 Court 16 (Video Conferencing) 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. 2465/2019
PRIYA BHATIA Petitioner
VERSUS
SANDEEP SHRADHANAND CHAWLA Respondent
(IA No.155418/2019-EX-PARTE STAY)
Date : 21-02-2022 This matter was called for hearing today.
CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s)
Mr. Kaustubh Anshuraj, AOR
For Respondent(s) Mr. Siddharth Gautam, Adv.
Ms. Anagha S. Desai, AOR
UPON hearing the counsel the Court made the following
O R D E R
The Transfer Petition stand disposed of, in terms of the signed order.
Pending application(s), if any, also stands disposed of.
(SNEHA) (MALEKAR NAGARAJ) SENIOR PERSONAL ASSISTANT BRANCH OFFICER
(Signed order is placed in the file)