Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3304 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 30810 OF 2017]
ANUPAMA PATIL Appellant(s)
VERSUS
NATARAJ VEERANAGOUDA PATIL Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved by a final order dated
18.09.2017 passed by the High Court of Karnataka at
Bengaluru in C.P.No. 226 of 2016, whereby the High
Court rejected her prayer for transfer of M.C.No. 125
of 2016 from the Family Court, Hubballi to the Family
Court at Bengaluru, Karnataka.
3. When this matter came up to this Court, the
following order was passed on 24.11.2017 :-
“Issue notice.
Mr. Awnish Kumar, learned counsel,
accepts notice on behalf of the sole
respondent.
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.03.27
16:41:02 IST
Reason:
The learned counsel on either side
submitted that they would explore the
possibility of resolving the dispute
between the parties if the matter is
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referred to Mediation.
Accordingly, we refer the matter to
Supreme Court Mediation Centre, New
Delhi to explore the possibility of an
amicable settlement of the dispute
between the parties, who would appear
before the said Mediation Centre on
14.12.2017 at 11.00 A.M.
The Incharge, Supreme Court Mediation
Centre, after making an endeavour for
amicable resolution of the disputes,
shall submit a report to this Court
within four weeks thereafter.
List the matter after the mediation
report is received.”
4. On 09.03.2018, it was reported that the mediation
between the parties had failed and this Court
directed both the parties to be personally present
before the Court today.
5. Today, both the parties are present before the
Court. Having heard the learned counsel appearing on
both sides and having gone through the materials on
record, we deem it fit to transfer M.C. No. 125 of
2016 from the Family Court at Hubballi to the Family
Court at Bengaluru, Karnataka.
6. The impugned order passed by the High Court is
set aside and the appeal is, accordingly, allowed.
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7. We direct the Family Court at Bengaluru to
dispose of the transferred case expeditiously and
preferably within six months from today.
8. The Registry shall communicate a copy of this
Judgment to both the courts forthwith.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
.......................J.
[ NAVIN SINHA ]
New Delhi;
March 26, 2018.
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ITEM NO.10 COURT NO.5 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 30810/2017
(Arising out of impugned final judgment and order dated 18-09-2017
in CP No. 226/2016 passed by the High Court Of Karnataka At
Bengaluru)
ANUPAMA PATIL Petitioner(s)
VERSUS
NATARAJ VEERANAGOUDA PATIL Respondent(s)
(FOR ADMISSION and I.R. and IA No.118539/2017-EXEMPTION FROM FILING
O.T. and IA No.118538/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
Date : 26-03-2018 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE NAVIN SINHA
For Petitioner(s) Mr. Bharadwaj S., AOR
For Respondent(s) Mr. Shiv Kumar Pandey, Adv.
Mr. Chandrashekhar A. Chakalabbi, Adv.
Mr. Anshul Rai, Adv.
Mr. Awanish Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed non-reportable
Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)