IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.2857 OF 2023

SAGRIKA SHARMA Petitioner(s)

VERSUS

18:19:47 IST Reason:

NIKHIL SHARMA Respondent(s)

WITH

TRANSFER PETITION (CRIMINAL) No. 1081 OF 2024

O R D E R

T.P.(Civil) No.2857 of 2023

**1. This petition has been filed by the petitioner–wife seeking transfer of petition No.A-2041 of 2023 titled "**Nikhil Sharma versus Sagrika Sharma" pending before the Family Court at Bandra, Mumbai, Maharashtra to the Family Court, Sambhal, Uttar Pradesh.

2. The mediation has failed.

3. Heard the learned counsel appearing for the parties. A case is made out for passing an order of transfer.

**4. Accordingly, petition No.A-2041 of 2023 titled "**Nikhil Sharma versus Sagrika Sharma" pending before the Family Court at Bandra, Mumbai, Maharashtra is hereby transferred to the Family Court, Sambhal, Uttar Pradesh. Digitally signed by ANITA MALHOTRA Date: 2025.01.21 Signature Not Verified

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5. Records shall be sent by the Court where proceedings are pending to the transferee Court promptly.

6. The Transfer Petition is, accordingly, allowed.

T.P.(Criminal) No.1081 of 2024

**7. This petition has been filed for transfer of Criminal Misc.Case No.1033 of 2024 titled "**Sagrika Sharma v. Nikhil Sharma" pending before the Principal Family Judge, Sambhal District, Chandausi, Uttar Pradesh to the Principal Judge, Family Court, Bandra, Mumbai.

8. No case is made out to transfer the case. The Transfer Petition is, accordingly, dismissed.

ORDER COMMON TO BOTH TRANSFER PETITIONS

9. We make it clear that the presence of the parties is not mandatory so long as they are represented by their advocates. The Trial Court will insist on their presence only when it is mandatory for the purposes of recording evidence and for other important reasons.

..........................J. (ABHAY S.OKA)

..........................J. (UJJAL BHUYAN)

NEW DELHI; January 15, 2025.

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ITEM NO.2 COURT NO.5 SECTION IX

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). 2857/2023

SAGRIKA SHARMA Petitioner(s)

VERSUS

NIKHIL SHARMA Respondent(s)

[MEDIATION REPORT RECEIVED] .......................... (IA No. 162985/2024 - APPLICATION FOR PERMISSION IA No. 219347/2023 - STAY APPLICATION)

WITH T.P.(Crl.) No. 1081/2024 (FOR ADMISSION and IA No.286516/2024-STAY APPLICATION and IA No.286518/2024-EXEMPTION FROM FILING O.T.)

Date : 15-01-2025 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s) :

Mr. Sanchit Garga, AOR

Mr. Bhakti Vardhan Singh, AOR

Mr. Abhinav S. Raghuvanshi, AOR Mr. Aman Chawala, Adv. Mr. Karan Dua, Adv. Ms. Kirtika Gupta, Adv.

Mr. Omar Simon, Adv.

For Respondent(s) :

Mr. Sanchit Garga, AOR

UPON hearing the counsel the Court made the following O R D E R Transfer Petition (Civil)No.2857 of 2023 is allowed and Transfer Petition (Criminal) No.1081 of 2024 is dismissed in terms of the signed order.

Pending applications also stand disposed of.

(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER (Signed order is placed on the file.)