Supreme Court - Daily Orders
Sheetal Sharma vs J.Mukesh Sharma on 19 September, 2014
Bench: Kurian Joseph, Rohinton Fali Nariman
TRANSFER PETITION (CIVIL) NO. 289 OF 2014
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 289 OF 2014
SHEETAL SHARMA PETITIONER(S)
VERSUS
J.MUKESH SHARMA RESPONDENT(S)
O R D E R
This is wife's petition seeking transfer of
matrimonial case being O.P. No. 4370 of 2013 titled
“J. Mukesh Sharma Vs. Sheetal Sharma” pending before the
Family Court, Chennai, Tamil Nadu to the Family Court,
Belgaum, Karnataka.
2. Notice of the Transfer Petition has been served
on the respondent. He is represented by his advocate.
3. As a matter of fact, vide order dated July 14,
2014, the matter was referred to the Supreme Court
Mediation Centre (for short, “Centre”) for resolution of
disputes between the parties through the process of
mediation. The mediation report 08.08.2014 has been
Signature Not Verified
received from the Centre. It transpires therefrom that
Digitally signed by
Rajesh Dham
Date: 2014.09.23
13:11:46 IST
Reason:
the parties could not arrive at an amicable settlement
and, thus, the mediation failed.
TRANSFER PETITION (CIVIL) NO. 289 OF 2014
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4. We have heard the learned counsel for the
parties and have also perused the averments made in the
Transfer Petition.
5. In opposition to the Transfer Petition, the
learned counsel for the respondent submits that the
husband has a traveling job and, for half of a month, he
travels and, therefore, hardship shall be caused to the
respondent if the above proceedings are transferred from
the Family Court, Chennai, Tamil Nadu to the Family
Court, Belgaum, Karnataka.
6. We have considered the above aspect highlighted
by the learned counsel for the respondent. However, we
are of the view that since the petitioner resides in
Belgaum, Karnataka, we are satisfied that, if the
proceedings in the above case are allowed to be
continued at Chennai, Tamil Nadu, greater hardship shall
be caused to the petitioner-wife.
7. We, accordingly, allow the Transfer Petition and
transfer matrimonial case being O.P. No. 4370 of 2013
titled “J. Mukesh Sharma Vs. Sheetal Sharma” pending
before the Family Court, Chennai, Tamil Nadu to the
Family Court, Belgaum, Karnataka. The transferrer court
TRANSFER PETITION (CIVIL) NO. 289 OF 2014
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shall transmit the record and proceedings of the
transferred case to the transferee court without any
delay.
8. The transferee court is requested to hear and
decide the transferred case as expeditiously as may be
possible. The parties are directed to co-operate with
the transferee court in expeditious disposal of the
transferred case.
9. No costs.
............................CJI.
(R.M. LODHA)
..............................J.
(KURIAN JOSEPH)
NEW DELHI; ..............................J.
SEPTEMBER 19, 2014 (ROHINTON FALI NARIMAN)
TRANSFER PETITION (CIVIL) NO. 289 OF 2014
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ITEM NO.44 COURT NO.1 SECTION XVIA
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). 289/2014
SHEETAL SHARMA Petitioner(s)
VERSUS
J.MUKESH SHARMA Respondent(s)
(with appln.(s) for stay and office report)
[ALONG WITH MEDIATION REPORT]
Date : 19/09/2014 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. Manjunath Meled, Adv.
Mr. Anil Kumar,Adv.
For Respondent(s) Ms. Shefali Shandilya, Adv.
Mr. P. Vinay Kumar,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Transfer Petition is allowed in terms of the signed order.
(RAJESH DHAM) (RENU DIWAN) COURT MASTER COURT MASTER (signed order is placed on the file)