Research › Browse › Judgment

Supreme Court of India · body

2024 DIGILAW 1128 (SC)

Indu Sharma v. Ashlesh Sharma

2024-11-12

DIPANKAR DATTA, PRASHANT KUMAR MISHRA

body2024
ORDER : 1. Read the office report dated 11th November, 2024 together with the report dated 25th October, 2024 received from the Registrar General, High Court of Himachal Pradesh at Shimla. It appears therefrom that video conferencing facilities are available at the following places/offices in the district of Una, Himachal Pradesh: S. No. Video Conferencing Unit/Office 1. E-Sewa Kendra, Una District, H.P. 2. Office of Ld. District and Sessions Judge, Una, H.P. 3. In the Court of Ld. District and Sessions Judge, Una, H.P. 4. In the Court of Ld. Additional District and Sessions Judge-I, Una, H.P. 5. In the Court of Ld. Additional District and Sessions Judge-II, Una, H.P. 2. The marriage between the petitioner-wife and the respondent no. 1- husband was solemnized on 21st April, 2015. However, the parties have since drifted apart owing to differences having arisen between them. 3. The respondent no. 1 has instituted proceedings under Section 13 of the Hindu Marriage Act, 1955, bearing HMA Petition No. 945 of 2022 titled Ashlesh Sharma vs. Indu Sharma, which is pending before the Court of the District Judge, Union Territory of Chandigarh. By presenting this petition under section 25 of the Code of Civil Procedure, 1908, the petitioner seeks transfer of the said proceedings to the Family Court, District Una, Himachal Pradesh on the multiple grounds urged therein. 4. Having heard learned counsel appearing for the parties on the merits of the transfer petition and in view of the availability of video conferencing facility in the District of Una, Himachal Pradesh, referred to above, we see no reason to accept the contention of the respondent no. 1 that he would be severely inconvenienced if the prayer for transfer is granted. We are satisfied that the inconvenience which the petitioner is likely to face if the proceedings were continued in the court at Chandigarh would be comparatively more than the inconvenience likely to be faced by the respondent no. 1 if the proceedings were tried in Una, and also that interest of justice demands grant of the prayer for transfer. 5. Hence, the transfer petition is allowed. HMA Petition No. 945 of 2022 titled Ashlesh Sharma vs. Indu Sharma pending before the Court of the District Judge, U.T. of Chandigarh is transferred to the Family Court, District Una, Himachal Pradesh. Records of HMA Petition No. 945 of 2022 be transferred to the transferee court immediately. 6. 5. Hence, the transfer petition is allowed. HMA Petition No. 945 of 2022 titled Ashlesh Sharma vs. Indu Sharma pending before the Court of the District Judge, U.T. of Chandigarh is transferred to the Family Court, District Una, Himachal Pradesh. Records of HMA Petition No. 945 of 2022 be transferred to the transferee court immediately. 6. To avoid delay, the parties are directed to appear before the transferee court on 18th December, 2024. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law. 7. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law. 8. If the respondent no. 1 is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably. 9. We clarify having expressed no opinion on the merits of the proceedings, since transferred, and leave it open to the parties to raise such points as are available to them in law before the presiding officer of the transferee court. 10. Pending applications, if any, stand disposed of.