Neha Sharma vs Anand Bharti - 2025 Supreme(SC) 1495

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1495

SUPREME COURT OF INDIA
J.B. PARDIWALA AND R. MAHADEVAN, JJ.
Neha Sharma – Appellant
Versus
Anand Bharti – Respondent
Transfer Petition(Civil) No. 2328 of 2024
Decided on : 02-01-2025

Headnote:(A) Code of Civil Procedure, 1908 - Section 25 - Transfer of Divorce Petition - The petitioner, wife, seeks transfer of a Divorce Petition from one Family Court to another for valid reasons - Respondent-husband failed to appear - Transfer warranted due to sufficient cause shown by the wife - Case transferred from Dwarka Courts, Delhi to Gwalior, Madhya Pradesh. (Paras 1-5)

(B) Absence of Respondent - The respondent's failure to appear in court does not negate the necessity for the transfer - Court emphasizes due consideration of the petitioner’s situation. (Paras 2-4)

Facts of the case:
The wife submitted a petition for transferring the divorce case due to circumstances warranting such action, while the husband did not present any defense or opposition to the petition.

Findings of Court:
The petition for transfer was allowed, indicating sufficient cause for the request has been established.

Issues: Whether the transfer of a divorce petition from one jurisdiction to another is justified based on the petitioner’s circumstances.

Ratio Decidendi: The court recognized the importance of allowing transfers for legitimate reasons identified by the petitioner while also noting the absence of the respondent as a factor supporting the transfer's necessity.

Result: Transfer Petition allowed.

Table of Content
1. petitioner seeks transfer of divorce case. (Para 1)
2. husband not present despite notice. (Para 2)
3. counsel heard and evidence reviewed. (Para 3)
4. transfer of case warranted. (Para 4)
5. order to transfer and dispose applications. (Para 5 , 6 , 7)

ORDER :

1. By way of this petition filed under Section 25 CPC, the petitioner - wife seeks transfer of Divorce Petition filed by the husband being case No. HMA 1572 of 2024, titled "Anand Bharti vs. Neha Sharma" pending before the Court of Principal Judge, Family Court - 01, South West, Dwarka Courts, Delhi to the Court of Principal Judge, Family Court at Gwalior, Madhya Pradesh.

2. The respondent-husband, although served with the notice issued by this Court yet has chosen not to remain present before this Court either in-person or through an advocate.

3. We have heard the learned counsel appearing for the petitioner and gone through the materials on record.

4. Sufficient cause having been made out by the petitioner -wife, warranting transfer of the case, as prayed for by her, the Transfer Petition deserves to be allowed. It is ordered accordingly.

5. Consequently, Case No. HMA 1572 of 2024, titled "Anand Bharti v. Neha Sharma" pending before the Court of Principal Judge, Family Court - 01, South West, Dwarka Courts, Delhi, is ordered to be transferred to the Court of Principal Judge, Family Court at Gwalior, Madhya Pradesh.

6. The entire record pertaining to the said case shall be transmitted forthwith by the transferor court to the transferee court.

7. Pending applications, if any, also stand disposed of.

Click Here to Read the rest of this document