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SONIKA SALUJA v. GAGAN SALUJA

Supreme Court of India | Diary 1019/2021

Status

ROP - of Main Case

Decided On

12-12-2022

Bench

HON'BLE MR. JUSTICE K.M. JOSEPH and HON'BLE MS. JUSTICE HIMA KOHLI

Petitioner

SONIKA SALUJA

Respondent

GAGAN SALUJA

Primary Holding

In matrimonial transfer petitions, where a wife residing at her parental home is financially dependent and the husband is a businessman, the balance of convenience favours transfer of the divorce proceedings to the court nearest to the wife's residence, with the husband permitted to appear via video conferencing.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.116 Of 2021 SONIKA SALUJA PETITIONER(S) VERSUS GAGAN SALUJA & ANR. RESPONDENT(S) O R D E R The petitioner (wife) seeks transfer in terms of the following prayer:- a) Transfer the Divorce Petition Original Suit No.328/2020 titled as Gagan Saluja Vs. Sonika Saluja & Anr. filed under Section 13(1)(i) & (ia) of Hindu Marriage Act, 1955 pending before Principal Judge Family Court, Ranchi to Family Court, Ludhiana. Heard learned counsel for the petitioner (wife) and learned counsel for the respondent (husband). We do not see any reason why the petition should not be allowed. Accordingly, the transfer petition is allowed in terms of the prayer. The Registry will communicate a copy of this order to the transferor Court for effecting compliance. We only make it clear that if the respondent (husband) seeks to appear through video conferencing before the transferee Court, the transferee Court will take into consideration the circumstances and permit him unless there is good reason for ordering his personal appearance. This will

2 subject to the availability of the appropriate facility of video conferencing. Pending application(s), if any, stand disposed of. …………………………………………J. [K. M. JOSEPH] …………………………………………J. [HIMA KOHLI] New Delhi 12th December, 2022

3 ITEM NO.2 COURT NO.4 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). 116/2021 SONIKA SALUJA Petitioner(s) VERSUS GAGAN SALUJA & ANR. Respondent(s) (Mediation Report has been received. IA No. 48484/2021 - APPROPRIATE ORDERS/DIRECTIONS IA No. 9600/2021 - STAY APPLICATION) Date : 12-12-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Vishwajeet Singh, Sr. Adv. Ms. Veera Kaul Singh, AOR Ms. Samina Thakur, Adv. Mr. Arpan Tirhan, Adv. Ms. Jaha Shahi, Adv. Mr. Dinesh Bahadur Singh, Adv. For Respondent(s) Mr. Sumit Ahuja, Adv. Mr. Yajur Bhalla, Adv. Mr. Shubham Bhalla, AOR 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 application(s), if any, stand disposed of. (JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) ASSISTANT REGISTRAR (Original signed order is placed on the file)

ITEM NO.45 COURT NO.4 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.116/2021 SONIKA SALUJA Petitioner(s) VERSUS GAGAN SALUJA & ANR. Respondent(s) (Mediation Report has been received. IA No. 48484/2021 - APPROPRIATE ORDERS/DIRECTIONS IA No. 9600/2021 - STAY APPLICATION) Date : 11-11-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Vishwajit Singh, Sr. Adv. Ms. Veera Kaul Singh, AOR Mr. Pankaj Singh, Adv. Ms. Ridhima Singh, Adv. Mr. Vignesh Singh, Adv. Ms. Vibha Bhat, Adv. For Respondent(s) Ms. Akansha Gulati, Adv. Mr. Yajur Bhalla, Adv. Mr. Shubham Bhalla, AOR UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the respondent seeking adjournment, matter stands adjourned for four weeks. (JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.1627 COURT NO.7 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). 116/2021 SONIKA SALUJA Petitioner(s) VERSUS GAGAN SALUJA & ANR. Respondent(s) IA No. 48484/2021 - APPROPRIATE ORDERS/DIRECTIONS IA No. 9600/2021 - STAY APPLICATION) Date : 28-07-2022 This matter was called on for hearing today. CORAM : MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Ms. Veera Kaul Singh, AOR Mr. Vishwajit Singh, Sr. Adv. Mr. Pankaj Singh, Adv. Ms. Ridhima Singh, Adv. For Respondent(s) Mr. Shubham Bhalla, AOR Ms. Akansha Gulati, Adv. Mr. Sumer A., Adv. Mr. Shubham Bhalla,Adv. UPON hearing the counsel the Court made the following O R D E R By the consent of parties, the matter is referred to the Supreme Court Mediation Centre. But considering the fact that the Petitioner lives in Ludhiana, Punjab with her nine year old daughter and also considering the fact that the Respondent is a resident of Ranchi, Jharkhand, they may be permitted to participate 1

in these Mediation talks virtually, till such time sufficient progress is made. The parties shall appear virtually before the Mediator appointed by the Supreme Court Mediation Centre on 24.08.2022 at 2:00 P.M. In order to enable the Supreme Court Mediation Centre to establish contact virtually and to provide the link, the learned counsel for both the parties shall file a memo within two days indicating the mobile phone numbers and the email IDs of the respective parties. As and when sufficient progress is made through Mediation talks and the Mediator is confident of bringing the parties to a settlement, the parties shall be called upon to physically appear thereafter. Meanwhile Interim order shall continue. List the matter after the Report of the Mediator is received. (VIJAY KUMAR) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH) 2

ITEM NO.1 Court 16 (Video Conferencing) 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). 116/2021 SONIKA SALUJA Petitioner(s) VERSUS GAGAN SALUJA & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.9600/2021-STAY APPLICATION ) Date : 15-02-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Vishwajit Singh, Adv. Ms. Veera Kaul Singh, AOR Mr. Pankaj Singh, Adv. Ms. Ridhima Singh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitioner (wife) seeks transfer of the Divorce Case filed by the respondent (husband), pending in the Family Court at Ranchi to a competent court at Ludhiana. Mr. Vishwajit Singh, learned counsel submits that the petitioner was ill-treated in the matrimonial home at Ranchi and she had to shift to her parental home at Ludhiana alongwith her minor daughter. The petitioner has filed a Complaint under Section 406, 498A and 120B of IPC before the police authorities at Ludhiana. She has also filed a case under the Domestic Violence Act against the respondent. The petitioner is dependent on her parents whereas respondent is projected to be a businessman operating various businesses. In view of above, let notice returnable in four weeks be issued. In the meantime, there shall be stay of further proceedings in Original Suit No.328/2020 titled as “Gagan Saluja v. Sonika Saluja”, pending before Principal Judge, Family Court, Ranchi. (RASHI GUPTA) (ANITA RANI AHUJA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

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