Transfer Petition(s)(Criminal) No(s). 414-416/2023 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION Transfer Petition(s)(Criminal) No(s). 414-416/2023 SURENDRA BABU ETC. Petitioner(s) VERSUS B. KALYANI Respondent(s) O R D E R Heard learned counsel for the parties. The parties are connected virtually. We endeavoured our best to resolve the matter but we are neither able to give mutual consent divorce in view of there being no mutual agreement nor we are inclined to transfer the matter. The transfer petitions stand dismissed. 1
Transfer Petition(s)(Criminal) No(s). 414-416/2023 The petitioner(s) can appear virtually unless the personal presence is required. ………………………………………………………J. (SANJAY KISHAN KAUL) ………………………………………………………J. (SUDHANSHU DHULIA) NEW DELHI November 20, 2023 2
Transfer Petition(s)(Criminal) No(s). 414-416/2023 ITEM NO.1 COURT NO.2 SECTION II-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(s)(Criminal) No(s). 414-416/2023 SURENDRA BABU ETC. Petitioner(s) VERSUS B. KALYANI Respondent(s) ( IA No. 98810/2023 - EX-PARTE STAY IA No. 98811/2023 - EXEMPTION FROM FILING O.T.) Date : 20-11-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Ashkrit Tiwari, Adv. Mr. Chaitanya Poonia, Adv. Mr. Utsav Saxena, Adv. Ms. Manisha Ambwani, AOR For Respondent(s) Mr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. Pulimamidi Shashidhar Reddy, Adv. Mr. Chalasani Venkat, Adv. Ms. Jyoti Tiwary, Adv. Mr. M. Chandrakanth Reddy, Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R The transfer petitions stand dismissed in terms of the signed order. Pending applications stand disposed of. (RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER (signed order is placed on the file) 3
1 ITEM NO.1 COURT NO.2 SECTION II-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(s)(Criminal) No(s). 414-416/2023 SURENDRA BABU ETC. Petitioner(s) VERSUS B. KALYANI Respondent(s) ([parties remain personally present in the Court through virtual mode on the next date of hearing] IA No. 98810/2023 - EX-PARTE STAY IA No. 98811/2023 - EXEMPTION FROM FILING O.T.) Date : 17-10-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Ms. Manisha Ambwani, AOR Mr. Ashkrit Tiwari, Adv. Mr. Chaitanya Poonia, Adv. Mr. Utsav Saxena, Adv. For Respondent(s) Mr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. Pulimamidi Shashidhar Reddy, Adv. Mr. Chalasani Venkat, Adv. Ms. Jyoti Tiwary, Adv. Mr. M. Chandrakanth Reddy, Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing O.T. is allowed. TP(CRl.) Nos. 414-416/2023
2 Learned counsel for the parties in the presence of the parties submit before this Court that the parties are willing to get the marriage dissolved by mutual consent process and/or on account of irretrievable breakdown of marriage. This Court is inclined to exercise the said power. The issue of permanent alimony/maintenance for the respondent-wife and the child has to be taken care of. The custody will remain with the respondent but visiting rights will be provided to the petitioner. For the aforesaid limited purpose the matter is referred to the Supreme Court mediation centre. The parties to appear before the Supreme Court mediation centre on 30.10.2023 at 2.00 p.m., initially through virtual mode. In order to facilitate the learned Mediator, the petitioner should place before the learned Mediator, the list of assets as also the income tax returns for the last three years. The learned Mediator would endeavoaur to conclude the mediation before the next date. List on 20.11.2023. In the meantime, the inter se proceedings between the parties before all forums will stand over but the petitioner will clear any arrears of TP(CRl.) Nos. 414-416/2023
3 maintenance within a maximum period of two weeks from today. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) TP(CRl.) Nos. 414-416/2023
ITEM NO.3 COURT NO.2 SECTION II-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(s)(Criminal) No(s). 414-416/2023 SURENDRA BABU ETC. Petitioner(s) VERSUS B. KALYANI Respondent(s) IA No. 98810/2023 - EX-PARTE STAY IA No. 98811/2023 - EXEMPTION FROM FILING O.T.) Date : 04-10-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Ashkrit Tiwari, Adv. Mr. Chaitanya Poonia, Adv. Ms. Manisha Ambwani, AOR For Respondent(s) Mr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. M. Chandrakanth Reddy, Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R It is stated that the marriage took place in 2010. The parties have been living apart since 2015 i.e. for the last eight years. One child is born out of the wedlock who stated to be 12 years old and is staying with the respondent-mother. Learned counsel for the petitioner submits that the parties lived apart for so long that it 1
is not possible for them to live together. To us the only contribution the parties are making is by loading the legal system as both sides have filed three cases each. Let the parties remain personally present in the Court through virtual mode on the next date of hearing. Learned counsel for the parties will obtain requisite instructions if mutual consent divorce is possible and on what terms as also about custody/visiting rights. List on 17 th October, 2023. (RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER 2
ITEM NO.52 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR SH. VIVEK SAXENA Transfer Petition(s)(Criminal) No(s). 414-416/2023 SURENDRA BABU Petitioner(s) VERSUS B. KALYANI Respondent(s) Date : 11-08-2023 These petitions were called on for hearing today. Mr. Ashkrit Tiwari,Adv. Mr. Utsav Saxena,Adv. Mr. Chaitanya Poonia,Adv. Ms. Manisha Ambwani, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In all the matters numbered above, tw o weeks time, as last chance is granted to the petitioner, to take fresh steps and file fresh particulars to issue notice to unserved respondents . Dasti in addition is permitted to be served through the Trial Court the particulars of which shall be furnished by the learned counsel for the petitioner within the period prescribed above. List again on 25.09.2023. VIVEK SAXENA Registrar MG
ITEM NO.66 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR SH. VIVEK SAXENA Transfer Petition(s)(Criminal) No(s). 414-416/2023 SURENDRA BABU Petitioner(s) VERSUS B. KALYANI Respondent(s) Date : 14-07-2023 These petitions were called on for hearing today. For Petitioner(s) Ms. Manisha Ambwani, AOR Ms. Ashkriti Tiwari, Adv. Mr. Utsav Saxena, Adv. Mr. Chaitanya Poonia, Adv. For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R T.P. (CRL) Nos. 414-416 OF 2023 T.P. (CRL) No. 414/2023 Two weeks time, is granted to Ld. counsel for the petitioner, to take fresh steps and file fresh particulars, to issue notice to sole respondent. T.P. (CRL) No. 415/2023 Two weeks time, is granted to Ld. counsel for the petitioner, to take fresh steps and file fresh particulars, to issue notice to both the respondents.
T.P. (CRL) No. 416/2023 Despite due service on respondent no.2, there is no appearance. Two weeks time, is granted to Ld. counsel for the petitioner, to take fresh steps and file fresh particulars, to issue notice to respondent no.1. List again on 29.08.2023. VIVEK SAXENA Registrar pm
ITEM NO.1625 COURT NO.14 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 (CRIMINAL) DIARY NO. 10027/2023 SURENDRA BABU & ORS. Petitioner(s) VERSUS B. KALYANI & ANR. ETC. Respondent(s) (FOR ADMISSION and IA No.98810/2023-EX-PARTE STAY and IA No.98811/2023-EXEMPTION FROM FILING O.T. and IA No.98808/2023- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) Date : 19-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Ashkrit Tiwari, Adv. Mr. Utsav Saxena, Adv. Mr. Chaitanya Poonia, Adv. Ms. Manisha Ambwani, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in re-filing is condoned. IA No. 98808/2023 is accordingly allowed. The petitioner seeks transfer of proceedings instituted by the respondent being (i) Crl. Misc. No. 44 of 2021 titled “Smt. B. Kalyani Vs. Surendra Babu & Ors.” pending on the file of Principal Civil Judge and JMFC, Ballari, Karnataka to the Principal Judge, Family Court, Mangalagiri, Andhra Pradesh, (ii) Crl. Misc. No. 93 of 2021 titled “Smt. B. Kalyani & Anr. Vs. Surendra Babu & Ors.” pending on the file of Principal Civil Judge and JMFC Court, Ballari, Karnataka to Principal Civil Judge, Mangalagiri, Andhra 1
Pradesh and (iii) Criminal Cases (CC) No. 68 of 2022 titled “The PSI, Women PS, Ballari V. Surendra Babu & Ors.” pending on the file of Court IV Addl. Civil Judge and JMFC Court, Ballari, Karnataka to the Court of Principal Civil Judge, Mangalagiri, Andhra Pradesh, on the grounds urged in the above three petitions. Issue notice. (GINNY MEHTA) (RENU KAPOOR) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR 2