Supreme Court - Daily Orders
S. Lalitha vs Karthik Mitnala on 31 July, 2024
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CIVIL) NO(S). 82/2024
S. LALITHA Petitioner(s)
VERSUS
KARTHIK MITNALA Respondent(s)
WITH
T.P.(C) No. 156/2024
O R D E R
1. The petitioner-wife has filed the petitions under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of two petitions filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 bearing (1) M.C. No. 488/2023 titled “Karthik Mitnala vs. Mrs. S. Lalitha” pending before the Court of II Addl. Senior Civil Judge at Bangalore Rural to any competent Court at Kukatpally, R.R. district, Hyderabad, Telangana; and (2) O.S.No. 1162/2023 titled “Karthik Mitnala vs. Mrs. S. Lalitha” pending before the Court of 4 th Addl. Civil Judge at Bangalore Rural to any competent Court at Kukatpally, R.R. District, Hyderabad, Telangana.
2. Mediation report dated 30.07.24 has been received from the Supreme Court Mediation Centre. As per the mediation report, Signature Not Verified Digitally signed by Jatinder Kaur Date: 2024.08.06 mediation between the parties has not resulted to any settlement. 16:34:54 IST Reason:
3. Having heard learned counsel for the parties and on examining the grounds taken in the transfer petitions, we direct 2 transfer of M.C. No. 488/2023 titled “Karthik Mitnala vs. Mrs. S. Lalitha” pending before the Court of II Addle. Senior Civil Judge at Bangalore, Rural to any competent Court at Kukatpally, R.R. district, Hyderabad, Telangana and O.S.No. 1162/2023 titled “Karthik Mitnala vs. Mrs. S. Lalitha” pending before the Court of 4th Addl. Civil Judge at Bangalore Rural to any competent Court at Kukatpally, R.R. District, Hyderabad, Telangana.
4. The records of the cases 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. Both the Transfer Petitions are allowed in the above terms.
7. 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.2 COURT NO.9 SECTION IV-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). 82/2024 S. LALITHA Petitioner(s) VERSUS KARTHIK MITNALA Respondent(s) IA No. 9136/2024 - STAY APPLICATION WITH T.P.(C) No. 156/2024 (IV-A) IA No. 14641/2024 - STAY APPLICATION Date : 31-07-2024 The matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mrs. K. Sarada Devi, AOR Ms. Kaveri Kalyana Ram, Adv.
Mr. V.Krishna Swaroop, Adv.
Mr. Challa Sateesh Chandra, Adv.
For Respondent(s) Mr. Syed Abdul Haseeb, AOR UPON hearing the counsel the Court made the following O R D E R The transfer petitions are 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]