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SHRUTI SHARMA v. AJAY SHARMA

Supreme Court of India | Diary 1016/2017

Status

ROP - of Main Case

Decided On

20-08-2019

Bench

HON'BLE MR. JUSTICE A.M. KHANWILKAR and HON'BLE MR. JUSTICE DINESH MAHESHWARI

Petitioner

SHRUTI SHARMA

Respondent

AJAY SHARMA

Primary Holding

Under Section 25 of the Code of Civil Procedure, the Supreme Court may transfer a matrimonial proceeding from one state's court to another upon satisfaction of valid grounds, directing the transferee court to endeavour for amicable settlement or early disposal.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 148 OF 2017 SHRUTI SHARMA Petitioner(s) VERSUS AJAY SHARMA Respondent(s) O R D E R In spite of due service of notice, none appears for the respondent. We have heard learned counsel for the petitioner. We have considered the facts of the case and grounds on which transfer has been sought. On such consideration, we are satisfied with the grounds urged by the petitioner and we accept the same. Therefore, case bearing HMA Petition No. 992 of 2016 titled as “Ajay Sharma Vs. Shruti Sharma” pending before the Court of District Judge, Ludhiana, Punjab is ordered to be transferred to the Family Court, Amb, Una, Himachal Pradesh. The Court of District Judge, Ludhiana, Punjab shall send the case record to the transferee Court promptly and without any delay. The Transfer Petition is allowed accordingly.

On receipt of the case records, the transferee Court is directed to make all endeavour for amicable settlement or for early decision in the case preferably within six months, without unnecessary adjournments. …...................J (A.M. KHANWILKAR) …...................J (DINESH MAHESHWARI ) New Delhi August 20, 2019

ITEM NO.9 COURT NO.9 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). 148/2017 SHRUTI SHARMA Petitioner(s) VERSUS AJAY SHARMA Respondent(s) (IA No. 1/2017 - STAY APPLICATION) Date : 20-08-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Ashish Bhagat, Adv. Mr. Akshat Gupta, Adv. Mr. Rajiv Ranjan Dwivedi, AOR For Respondent(s) 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. Pending applications, if any, stand disposed of. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]

ITEM NO.45 COURT NO.5 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). 148/2017 SHRUTI SHARMA Petitioner(s) VERSUS AJAY SHARMA Respondent(s) (FOR STAY APPLICATION ON IA 1/2017) Date : 12-02-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Rajiv Ranjan Dwivedi, AOR (Not Present) For Respondent(s) UPON perusing papers, the Court made the following O R D E R No one appears for the petitioner. Post after two weeks. (JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR

ITEM NO.75 REGISTRAR COURT. 1 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 MR. RAJESH KUMAR GOEL Transfer Petition(s)(Civil) No(s). 148/2017 SHRUTI SHARMA Petitioner(s) VERSUS AJAY SHARMA Respondent(s) Date : 24-10-2017 This petition was called on for hearing today. For Petitioner(s) Mr. Debopriya Pal, Adv. Mr. Rajiv Ranjan Dwivedi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Sole respondent has been served but no one has put in appearance. Registry to process the matter for listing before the Hon'ble Court, as per rules. RAJESH KUMAR GOEL Registrar

ITEM NO.74 REGISTRAR COURT. 1 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 MR. RAJESH KUMAR GOEL Transfer Petition(s)(Civil) No(s). 148/2017 SHRUTI SHARMA Petitioner(s) VERSUS AJAY SHARMA Respondent(s) Date : 12-09-2017 This petition was called on for hearing today. For Petitioner(s) Mr. Shantanu Majumdar, Adv. Mr. Rajiv Ranjan Dwivedi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the petitioner has made a request for fresh dasti for effecting service on the sole respondent stating that the process has not been handed over to him by the Registry. If it is so, let the fresh process be issued, as directed. Dasti be issued immediately. List again on 24.10.2017. RAJESH KUMAR GOEL Registrar

ITEM NO.68 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 MR. SANJAY PARIHAR Transfer Petition(s)(Civil) No(s). 148/2017 SHRUTI SHARMA Petitioner(s) VERSUS AJAY SHARMA Respondent(s) Date : 31-07-2017 This petition was called on for hearing today. For Petitioner(s) Mr.Akshat Gupta,Adv. Mr.Rajiv Ranjan Dwivedi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner is directed to take fresh steps in respect of the sole respondent within two weeks. Dasti in addition is also permitted as requested. List the matter again on 12.09.2017. SANJAY PARIHAR Registrar SB

ITEM NO.59 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 148/2017 SHRUTI SHARMA Petitioner(s) VERSUS AJAY SHARMA Respondent(s) (with appln. (s) for stay and office report) Date : 01/05/2017 This petition was called on for hearing today. For Petitioner(s) Mr. Rajiv Ranjan Dwivedi,Adv. Mr. Debopriya Pal, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of service of notice already issued to the sole respondent. List again on 31.07.2017. (M V RAMESH) Registrar ps

SECTION XVI-A IN THE SUPREME COURT OF INDIA LISTED ON : 1-5-2017 CIVIL ORIGINAL JURISDICTION LD. REGISTRAR COURT.: 2 ITEM NO. : 59 TRANSFER PETITION (CIVIL) NO. 148 OF 2017 WITH INTERLOCUTORY APPLICATION NO. 1 OF 2017 (Application for ex-parte Stay) SHRUTI SHARMA .... Petitioner Versus AJAY SHARMA ... Respondent OFFICE REPORT The Transfer Petition above mentioned was listed before the Hon'ble Court on 21 st March, 2017 when the Court was pleased to pass the following order: “Await the return of the service of notice already issued to the sole respondent. List again on 1.5.2017. ” Accordingly, notice was issued to the sole Respondent through Registered A.D. Post on 10 th February, 2017. It is submitted that Postal Authority tracking report not found. Service of notice is not complete. The matter is listed before the Ld. Registrar Court with this Office Report. Dated this the 29 th day of April, 2017. ASSISTANT REGISTRAR Copy to : Mr. Rajiv Ranjan Dwivedi, Advocate ASSISTANT REGISTRAR ms

RITEM NO.59 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESHTransfer Petition(s)(Civil) No(s). 148/2017SHRUTI SHARMA Petitioner(s) VERSUSAJAY SHARMA Respondent(s)(with appln. (s) for stay and office report)Date : 01/05/2017 This petition was called on for hearing today.For Petitioner(s) Mr. Rajiv Ranjan Dwivedi,Adv. Mr. Debopriya Pal, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RAwait the return of service of notice already issued to thesole respondent.List again on 31.07.2017. (M V RAMESH) Registrarps

ITEM NO.58 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESH Transfer Petition(s)(Civil) No(s). 148/2017 SHRUTI SHARMA Petitioner(s) VERSUS AJAY SHARMA Respondent(s) (with appln. (s) for stay and office report) Date : 21/03/2017 This petition was called on for hearing today. For Petitioner(s) Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. List again on 1.5.2017 . (M V RAMESH) Registrar MG

SECTION XVI-A IN THE SUPREME COURT OF INDIA LISTED ON : 21.3.2017 CIVIL ORIGINAL JURISDICTION LD. REGISTRAR COURT.: ITEM NO. : TRANSFER PETITION (CIVIL) NO. 148 OF 2017 WITH INTERLOCUTORY APPLICATION NO. 1 OF 2017 (Application for ex-parte Stay) SHRUTI SHARMA .... Petitioner Versus AJAY SHARMA ... Respondent OFFICE REPORT The Transfer Petition above mentioned was listed before the Hon'ble Court on 31 st January, 2017 when the Court was pleased to pass the following order: “ Issue notice, returnable in four weeks. In the meantime, there shall be stay of further proceedings in HMA Petition No. 992 of 2016 titled as “Ajay Sharma Vs. Shruti Sharma” pending in the Court of District Judge, Ludhiana, Punjab.” Accordingly, notice was issued to the sole Respondent through Registered A.D. Post on 10 th February, 2017. It is submitted that as per Postal Authority track report notice is not delivered. Service of notice is not complete. The matter is listed before the Ld. Registrar Court with this Office Report. Dated this the 20 th day of March, 2017. ASSISTANT REGISTRAR Copy to : Mr. Rajiv Ranjan Dwivedi , Advocate ASSISTANT REGISTRAR

DITEM NO.58 REGISTRAR COURT. 2 SECTION XVIA 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 MR. M V RAMESHTransfer Petition(s)(Civil) No(s). 148/2017SHRUTI SHARMA Petitioner(s) VERSUSAJAY SHARMA Respondent(s)(with appln. (s) for stay and office report)Date : 21/03/2017 This petition was called on for hearing today.For Petitioner(s) Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RAwait the return of the service of notice already issued tothe sole respondent.List again on 1.5.2017 . (M V RAMESH) RegistrarMG

ITEM NO.2 COURT NO.7 SECTION XVIA 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). 148/2017 SHRUTI SHARMA Petitioner(s) VERSUS AJAY SHARMA Respondent(s) (with appln. (s) for ad-interim ex-parte stay) Date : 31/01/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Ashish Bhagat, Adv. Mr. Ritik M., Adv. Ms. Alisha Bhagat, Adv. Mr. Rajiv Ranjan Dwivedi, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice, returnable in four weeks. In the meantime, there shall be stay of further proceedings in HMA Petition No. 992 of 2016 titled as “Ajay Sharma Vs. Shruti Sharma” pending in the Court of District Judge, Ludhiana, Punjab. (Jayant Kumar Arora) Court Master (Renu Diwan) Assistant Registrar

zITEM NO.2 COURT NO.7 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTransfer Petition(s)(Civil) No(s). 148/2017SHRUTI SHARMA Petitioner(s) VERSUSAJAY SHARMA Respondent(s)(with appln. (s) for ad-interim ex-parte stay)Date : 31/01/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Mr. Ashish Bhagat, Adv. Mr. Ritik M., Adv. Ms. Alisha Bhagat, Adv. Mr. Rajiv Ranjan Dwivedi, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice, returnable in four weeks. In the meantime, there shall be stay of further proceedingsin HMA Petition No. 992 of 2016 titled as ⬠SAjay Sharma Vs.Shruti Sharma⬠\235 pending in the Court of District Judge, Ludhiana,Punjab. (Jayant Kumar Arora)Court Master (Renu Diwan)Assistant Registrar

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