Supreme Court - Daily Orders
Swati Varun Sharma vs Varun Ramesh Sharma on 2 February, 2018
Bench: N.V. Ramana, S. Abdul Nazeer
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No(s). 1786/2016
SWATI VARUN SHARMA Petitioner(s)
VERSUS
VARUN RAMESH SHARMA Respondent(s)
O R D E R
Heard the learned counsel appearing for the petitioner (wife) and the learned counsel appearing for the respondent (husband).
This petition under Section 25 of the Civil Procedure Code read with Order dated XLI of the Supreme Court Rules, 2013 has been filed by the petitioner (the wife) for transfer of proceedings in Marriage Petition No.A-1890 of 2016 titled as “Varun Ramesh Sharma vs. Swati Varun Sharma” pending before the Family Court Bandra, Mumbai to a Court of competent jurisdiction at Bhopal, Madhya Pradesh.
On the joint prayer made by the learned counsel appearing for the parties, this Court vide Order dated 18-4-2017, directed the parties to appear before the Supreme Court Mediation Centre on 25-4-2017. However, as per the Report of the Mediator, the parties could not arrive at an amicable settlement and thus the mediation has failed.
After having heard the learned counsel appearing for the parties and taking into consideration the grounds taken in the transfer petition, we direct transfer of Marriage Petition No.A-1890 of 2016 titled as “Varun Ramesh Sharma vs. Swati Varun Sharma” pending before the Family Court Bandra, Mumbai to a Court of competent jurisdiction at Bhopal, Madhya Pradesh.
However, learned counsel appearing for the respondent has produced some medical record indicating therein that his client has Signature Not Verified Digitally signed by VISHAL ANAND recently met with an accident and suffered leg injuries. As prayed, Date: 2018.02.16 14:46:01 IST Reason: the respondent is at liberty to make a request to the Trial Court when he is unable to attend the Court and seek exemption.
-2-Let the record of the case be transferred without delay.
The Transfer Petition is allowed in the afore-stated terms.
....................J (N.V. RAMANA) .....................J (S. ABDUL NAZEER) NEW DELHI;
2ND FEBRUARY, 2018.
-3-
ITEM NO.37 COURT NO.8 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(s)(Civil) No(s). 1786/2016
SWATI VARUN SHARMA Petitioner(s)
VERSUS
VARUN RAMESH SHARMA Respondent(s)
(MEDIATION REPORT RECD. FOR STAY APPLICATION ON IA 1/2016) Date : 02-02-2018 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. S.S. Nehra, Adv.
Mr. Rajendra Verma, Adv. Mr. Neeraj Dutt Gaur, Adv. Mr. R.K. Gupta, Adv.
For M/S. Gaur & Nehra Law Firm, AOR For Respondent(s) Mr. Smarhar Singh, AOR Mr. Tarun Walia, Adv.
Mr. Keshav Mohan, 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.
(VISHAL ANAND) (RENUKA SADANA) COURT MASTER (SH) ASST.REGISTRAR
(Signed Order is placed on the file)