Rinku Baheti vs Sandesh Sharda on 12 September, 2023

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Supreme Court - Daily Orders

Rinku Baheti vs Sandesh Sharda on 12 September, 2023

Bench: B.V. Nagarathna

     ITEM NO.2                                   COURT NO.15                        SECTION IV-C

                                      S U P R E M E C O U R T O F       I N D I A
                                              RECORD OF PROCEEDINGS

                                 TRANSFER PETITION (CIVIL)        NO(S). 278/2023

     RINKU BAHETI                                                            Petitioner(s)

                                                         VERSUS

     SANDESH SHARDA                                                          Respondent(s)

     (IA No.22448/2023-EX-PARTE STAY and IA No.22449/2023-EXEMPTION FROM
     FILING O.T.)

     Date : 12-09-2023 This petition was called on for hearing today.

     CORAM :
                              HON'BLE MRS. JUSTICE B.V. NAGARATHNA
                              HON'BLE MR. JUSTICE UJJAL BHUYAN

     For Petitioner(s)                   Mr. Sushil Kumar Jain, Sr. Adv.
                                         Mr. Puneet Jain, Adv.
                                         Ms. Christi Jain, Adv.
                                         Mr. Yogit Kamat, Adv.
                                         Mrs. Shruti Singh, Adv.
                                         Ms. Akriti Sharma, Adv.
                                         Mr. Mann Arora, Adv.
                                         Ms. Pratibha Jain, AOR

     For Respondent(s)                   Mr. Siddharth Luthra, Sr. Adv.
                                         Ms. Meenakshi Arora, Sr. Adv.
                                         Mrs. Shivali Sharma, Adv.
                                         Mr. Priyank Upadhyay, AOR
                                         Mr. Anupam Shukla, Adv.
                                         Mr. Abhinav Sharma, Adv.
                                         Mr. Anadi Kumar Taylor, Adv.
                                         Mr. Chandratanay Chaube, Adv.

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

We have heard learned Senior Counsel for the respondent/applicant husband and learned senior counsel for the petitioner-wife.

Signature Not Verified

Digitally signed by RADHA SHARMA Date: 2023.09.16

In order to consider the application filed by the husband 11:41:20 IST Reason: under Article 142 of the Constitution and in light of the judgment 1 of the Constitution Bench of this Court in the case of Shilpa Sailesh vs. Varun Sreenivasan (2023 SCC Online SC 544), we think it is just and necessary that the matter be considered in a larger canvas and not just on the question of whether there is an irretrievable break down of marriage or not in the instant case.

The larger canvas is that, in the event the application is to be allowed, what would be the permanent alimony/maintenance and other rights that the respondent would have is of utmost significance.

In the circumstances, we keep the application filed under Section 142 of the Constitution in abeyance.

However, we direct that the case being RCS (HM) No.1379/2022 titled as “Sandesh Sharda vs. Rinku Baheti” pending on the file of the Court of Principal Judge, Family Courts District Bhopal, Madhaya Pradesh be transferred to the Principal Judge, Family Court, District Pune, Maharashtra. The transfer of the said case is for the limited purpose of determining the quantum of alimony or maintenance as well as the other rights which the petitioner/respondent in the application would be entitled to, in the event, the application filed by the applicant/respondent in the main transfer petition is to be allowed.

Since the parties are represented by their respective counsel, they shall appear before the Transferee Court on 10.10.2023 without expecting any separate notices from the said Court.

The Registry of this Court to notify the transferor Court as well as the transferee court of this order.

2 It is clarified that the transfer of this case is made only for the purpose of determining the alimony/maintenance and other rights that the petitioner-wife could be entitled to in the event, the application filed by the respondent-husband is to be allowed.

The Transferee Court to consider the case of the respective parties and record the evidence and submit a Report in the form of an order to this court for the purpose of considering the application filed by the respondent in accordance with law and in the context of Article 142 of the Constitution by this Court.

It is made clear that the Report to be submitted by the Transferee Court is only for the purpose of assisting this Court to consider the application filed by the applicant herein and would become relevant only if the applicant deserves to be allowed.

The parties are permitted to appear before the transferee Court either in-person or through video conferencing facility.

The Report to be submitted by the transferee court preferably within a period of two months from 10.10.2023. The case shall remain pending before the Family Court at Pune until further orders of this Court.

Registry to list the matter immediately after the receipt of the Report in the form of an order of the Transferee Court.

(RADHA SHARMA)                                                    (MALEKAR NAGARAJ)
COURT MASTER (SH)                                                 COURT MASTER (NSH)




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