Supreme Court - Daily Orders
Anamika Sharma vs Shashank Sharma on 31 July, 2024
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CIVIL) NO(S). 442/2024
ANAMIKA SHARMA Petitioner(s)
VERSUS
SHASHANK SHARMA Respondent(s)
O R D E R
1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for divorce filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 bearing HMA/3400/2023 titled “Mr. Shashank Sharma vs. Anamika Sharma” pending before the Court of Principal Judge, Family Court, Tis Hazari Courts, West District, Delhi to the Court of competent jurisdiction at Chandigarh (U.T.).
2. Mediation report dated 08.07.2024 has been received from the Supreme Court Mediation Centre. As per the mediation report, mediation between the parties has not resulted to any settlement.
3. Having heard learned counsel for the parties herein and on examining the grounds taken in the transfer petition, we direct transfer of HMA/3400/2023 titled “Mr. Shashank Sharma vs. Anamika Sharma” pending before the Court of Principal Judge, Family Court, Signature Not Verified Tis Hazari Courts, West District, Delhi to the Court of competent Digitally signed by Jatinder Kaur Date: 2024.08.06 16:34:54 IST Reason: jurisdiction at Chandigarh.
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4. The record of the case be transferred immediately to the Transferee Court.
5. Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent only when it is absolutely necessary. Further, if examination of the outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.
6. The Transfer Petition is allowed on the above terms. Pending application(s), if any, are disposed of.
...................J. [SANDEEP MEHTA] ...................J. [R. MAHADEVAN] New Delhi;
July 31, 2024.
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ITEM NO.3 COURT NO.9 SECTION XIV
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). 442/2024 ANAMIKA SHARMA Petitioner(s) VERSUS SHASHANK SHARMA Respondent(s) (MEDIATION REPORT RECEIVED.) Date : 31-07-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Aditya Dhawan, Adv.
Mrs. Kiran Dhawan, Adv.
Mr. Sidhant Thakur, Adv.
Mr. Chander Shekhar Ashri, AOR For Respondent(s) Mr. Sujoy Chatterjee, AOR Mr. Dilraj Bhinder, 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.
(JATINDER KAUR) (NAND KISHOR)
P.S. to REGISTRAR COURT MASTER (NSH)
[Signed order is placed on the file]