JAYANTI NAIDU vs SATISH V - 2024-01-11

O R D E R

The petitioner (wife) has filed Transfer Petition (Criminal)

No. 358 of 2023 seeking transfer of Maintenance Petition bearing Criminal Miscellaneous Case No. 64 of 2021 titled as Jayanti Naidu v. Satish V filed by the petitioner(wife) under Section 125 of the Code of Criminal Procedure, 1973, pending before Principal Family Judge, Bengaluru, Karnataka, to the Court of competent jurisdiction at Ponda, Goa. She has also filed Transfer Petition (Civil) No. 1452 of 2023 seeking transfer of Divorce Petition M.C. No. 2791 of 2020 titled as Satish V. v. Jayanti Naidu filed by the respondent (husband) under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955, pending before Principal Family Judge, Bengaluru, Karnataka to the Court of competent jurisdiction at Ponda, Goa.

Vide order dated 23.08.2023 passed by this Court, the parties were referred for mediation before the Supreme Court Mediation Centre to mediate the issues and for settlement between the parties. As per the report dated 10.11.2023 received from the Supreme Court Mediation Centre, mediation remained unsuccessful.

Having heard learned counsel for the parties and considering the fact that a 7 years old son is with the petitioner(mother) and the distance between Bengaluru, Karnataka, and Ponda, Goa, is more than 500 kilometers, and therefore, it would be inconvenient to the petitioner(wife) who is staying at Ponda, Goa, to attend the proceedings at Bengaluru, Karnataka, we deem it appropriate to allow these transfer petitions. Accordingly, Maintenance Petition bearing Criminal Miscellaneous Case No. 64 of 2021 titled as Jayanti Naidu v. Satish V filed by the petitioner(wife) under Section 125 of the Code of Criminal Procedure, 1973, and Divorce Petition M.C. No. 2791 of 2020 titled as Satish V. v. Jayanti Naidu filed by the respondent (husband) under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955, pending before Principal Family Judge, Bengaluru, Karnataka, are ordered to be transferred to the Court of District Judge, Ponda, Goa, who may deal with the matters himself or assign the matters to a Court of competent jurisdiction at Ponda, Goa.

Needless to observe that the transferee Court may allow the presence of the respondent(husband) on virtual platform without insisting for his presence on every date until required necessarily.

Let the records of the cases be transferred to the transferee Court without delay and an intimation be sent to both the Courts through e-mail for compliance. The transfer petitions are, accordingly, allowed.

Pending application(s), if any, shall stand disposed of.

…………………………………., J.

[ J.K. MAHESHWARI ]

…………………………………., J.

[ SUDHANSHU DHULIA ]

New Delhi;

January 11, 2024.

ITEM NO.1 COURT NO.9 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. 358/2023 JAYANTI NAIDU Petitioner(s)

VERSUS SATISH V Respondent(s)

(MEDIATION REPORT RECEIVED.)

(IA No. 100747/2023 - EX-PARTE STAY)

WITH T.P.(C) No. 1452/2023 (IV-A)

(IA No. 112097/2023 - STAY APPLICATION)

Date : 11-01-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s)

Mr. Aviral Kashyap, AOR Mr. Ashish Jha, Adv.

Mr. Shyam Suman Singh, Adv.

For Respondent(s)

Dr. Joseph Aristotle S., Adv.

Mr. Ashish Yadav, Adv.

Ms. Priya Aristotle, AOR UPON hearing the counsel the Court made the following

O R D E R

The transfer petitions are allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(NIDHI AHUJA) (VIRENDER SINGH)

AR-cum-PS BRANCH OFFICER

[Signed order is placed on the file.]