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SWATI CHADHA v. DEEPAK CHADHA

Supreme Court of India | Diary 10257/2024

Status

ROP - of Main Case

Decided On

12-09-2024

Bench

HON'BLE MR. JUSTICE C.T. RAVIKUMAR and HON'BLE MR. JUSTICE SANJAY KAROL

Petitioner

SWATI CHADHA

Respondent

DEEPAK CHADHA

Primary Holding

When the ends of justice so require, a criminal case may be transferred to a court in another jurisdiction, with the transferred respondent permitted to attend proceedings virtually except where physical presence is mandated by the Trial Court.

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Full Judgment Text

1 CORRECTED IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRIMINAL) NO. 315/2024 SWATI CHADHA PETITIONER(S) VERSUS DEEPAK CHADHA & ORS. RESPONDENT(S) WITH TRANSFER PETITION (CIVIL) NO. 1361/2024 O R D E R T.P.(Crl.) NO.315/2024 1. This petition is filed seeking transfer of Petition No.MC/829/2021, titled as “Swati Chadha Vs. Deepak Chadha“ pending before the Court of Ld. Metropolitan Magistrate (Mahila Court) Tis Hazari Courts, New Delhi to the Court of Ld. Metropolitan Magistrate (Mahila Court), Dehradun, Uttrakhand. 2. Heard learned counsel appearing for the parties. 3. On considering the facts and circumstances on the basis of which the petitioner seeks transfer of the subject-case, we are satisfied that it would be expedient for the ends of justice to transfer the subject-case to the Court asked for by the petitioner. 4. We order accordingly.

2 5. Let the records of the said proceeding shall be sent to the transferee Court expeditiously and the Couurt of Ld. Metropolitan Magistrate (Mahila Court), Dehradun, Uttrakhand, to which the case is transferred shall proceed in the matter from the stage at which the matter is transferred to it. 6. The Transfer Petition stands allowed accordingly. However, the Respondent-husband is permitted to attend the proceedings virtually, except on occasions where his physical presence is inevitable and required by the Trial Court. 7. Pending application(s), if any, shall stand disposed of. T.P.(Civil)No.1361 of 2024 1. It is submitted by the l earned counsel appearing on both sides that subsequent to filing of the transfer petition, in the petition filed under Section 9 of the Hindu Marriage Act, 1955, which is sought to be transferred, a petition seeking permission to withdraw the same has been filed by the respondent herein. 2. In view of the aforesaid circumstances, there is no circumstance to order transfer of the said case. The Transfer Petition stands dismissed as having become unnecessary. However, we make it clear that in the event of rejection of that application for withdrawal, the petitioner herein would be at liberty to seek revival and restoration of the captioned transfer petition.

3 3. Pending application(s), if any, shall stand disposed of. .....................,J. (C.T. RAVIKUMAR) .....................,J. (SANJAY KAROL) NEW DELHI; SEPTEMBER 12, 2024.

4 CORRECTED ITEM NO.1 COURT NO.11 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). 315/2024 SWATI CHADHA PETITIONER(S) VERSUS DEEPAK CHADHA & ORS. RESPONDENT(S) IA No. 80234/2024 - STAY APPLICATION) WITH T.P.(C) No. 1361/2024 (XIV) Date : 12-09-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Ms. Mithila Jain, Adv. Mr. Amit S Amist, Adv. Mr. Vishal Arun Mishra, AOR For Respondent(s) Mr. Rishi Kapoor, Adv. Mr. Ankur Gogia, Adv. Mr. Rahul Kumar, Adv. Ms. Kajal Bhatia, Adv. Mr. Chand Qureshi, AOR Ms. Shraddha Khandhadia, Adv. Mr. Praveen Pathak, Adv. UPON hearing the counsel the Court made the following O R D E R The transfer petition being T.P.(Crl.) NO.315/2024, stands allowed and transfer petition being T.P.(Civil) NO .1361/2024 stands dismissed as having become infructuous, in terms of the signed order. Pending application(s), if any, shall stand disposed of. (VARSHA MENDIRATTA) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)

ITEM NO.52 COURT NO.12 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). 315/2024 SWATI CHADHA Petitioner(s) VERSUS DEEPAK CHADHA & ORS. Respondent(s) (IA No. 80234/2024 - STAY APPLICATION) Date : 11-07-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Mithila Jain, Adv. Mr. Vishal Arun Mishra, AOR For Respondent(s) Mr. Rishi Kapoor, Adv. Mr. Ankur Gogia, Adv. Mr. Rahul Kumar, Adv. Mr. Chand Qureshi, AOR Ms. Kajal, Adv. Ms. Akanksha Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the parties submits that the matter is likely to be settled if referred to mediation. Hence, the matter is referred to the Supreme Court Mediation Centre. Parties are initially directed to appear virtually before the mediator of the Supreme Court Mediation Centre on 26.07.2024 at 11:00 a.m. The co-ordinator of the Mediation Centre shall nominate a Mediator to facilitate the parties to settle the matter amicably. List the matter on 12.09.2024 along with the meditation report and TP(C) No.1361/2024. (NISHA KHULBEY) (MATHEW ABRAHAM) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.1602 COURT NO.7 SECTION XIV 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) Diary No(s). 10257/2024 SWATI CHADHA Petitioner(s) VERSUS DEEPAK CHADHA Respondent(s) (FOR ADMISSION and IA No.104470/2024-EX-PARTE STAY and IA No.104471/2024-EXEMPTION FROM FILING O.T. and IA No.104468/2024- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Date : 07-05-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Ms. Mithila Jain,Adv. Mr. Vishal Arun Mishra, AOR Ms. Rupali Panwar,Adv. Mr. Saurabh Sharma,Adv. Mr. Dinesh Kumar Chauhan,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Delay condoned. Issue notice returnable after six weeks. In the meantime, there shall be stay of further proceedings in HMA No.286/2022 titled as Deepak Chadha v. Swati Chadha pending in the Court of Principal Judge, Family Court, South West District Dwarka Courts, Delhi. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER

ITEM NO.1619 COURT NO.11 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 (CRIMINAL) NO. 315/2024 SWATI CHADHA PETITIONER VERSUS DEEPAK CHADHA & ORS. RESPONDENTS (FOR ADMISSION and IA No.80234/2024-STAY APPLICATION and IA No.80235/2024-EXEMPTION FROM FILING O.T. ) Date : 05-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mrs. Mithila Jain, Adv. Mr. Manish I., Adv. Mr. Aman Kumar, Adv. Mr. Vishal Arun Mishra, AOR For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Issue notice, returnable on 11 th July, 2024. 2. In the meantime, there shall be stay of further proceedings in MC/829/2021, titled “ Swati Chadha Vs. Deepak Chadha”, pending before the Metropolitan Magistrate (Mahila Court), West District, Tis Hazari Courts, Delhi. (POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH)

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