Supreme Court - Daily Orders
Ashalatha Ganesh Shetty vs Ganesh Gopal Shetty on 14 July, 2023
Bench: A.S. Bopanna, Sudhanshu Dhulia
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1018 OF 2022
ASHALATHA GANESH SHETTY PETITIONER(S)
VERSUS
GANESH GOPAL SHETTY RESPONDENT(S)
O R D E R
The petitioner-wife has filed the petition under Section 25 of the Code of Civil Procedure, 1908 before this Court seeking transfer of Marriage Petition No. 859 of 2021 titled “Ganesh Gopal Shetty Vs. Ashalatha Ganesh Shetty” pending before the Court of Civil Judge Senior Division, Thane, Maharashtra to the Family Court, Udapi, Karnataka.
Having heard learned counsel for the parties and taking into consideration the grounds taken in the transfer petition, we direct the transfer of Marriage Petition No. 859 of 2021 titled “Ganesh Gopal Shetty Vs. Ashalatha Ganesh Shetty” pending before the Court of Civil Judge Senior Division, Thane, Maharashtra to the Family Court, Udapi, Karnataka.
Let the record of the case be transferred without delay. Signature Not Verified Digitally signed by Rajni Mukhi Date: 2023.07.17 16:58:06 IST Reason: 1 T.P. (C) NO. 1018 OF 2022 Further, in the facts of the present case, we grant liberty to the respondent to make an appropriate application before the transferee court to permit the respondent to take part in proceedings through virtual mode. If such request is made, the transferee Court shall take note of the same and permit the respondent and insist on the physical presence only when it becomes absolutely necessary.
Even at the stage of examination of witnesses if there are outstation witnesses liberty is granted to seek examination through Commission.
The Transfer Petition is disposed of in the afore-stated terms.
Pending application(s), if any, shall stand disposed of.
……………………………………………………………J. [A.S. BOPANNA] ……………………….……………………………………….J. [SUDHANSHU DHULIA] NEW DELHI;
JULY 14, 2023
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ITEM NO.2 COURT NO.7 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 (C) No. 1018/2022 ASHALATHA GANESH SHETTY Petitioner(s) VERSUS GANESH GOPAL SHETTY Respondent(s) (IA No. 66455/2022 - EX-PARTE STAY) Date : 14-07-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Nitin Lonkar, Adv.
Ms. Sonali Suryawanshi, Adv. Ms. Pradnya Bheke, Adv.
Shankey Agrawal, AOR For Respondent(s) Mr. Rajeev Maheshwaranand Roy, AOR Mr. Nilesh Kumar, Adv.
Mr. P. Srinivasan, Adv.
UPON hearing the counsel the Court made the following O R D E R The transfer petition is disposed of in terms of signed order.
Pending application(s) shall also stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file) 3