1. Petition under Section 25 CPC for transfer of divorce proceedings from one court to another. (Para 1 )
Back
Next 
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
Important Points
The Supreme Court allowed the transfer of a divorce petition from Delhi to Gwalior under Section 25 of the Code of Civil Procedure, CPC, holding that sufficient cause was established by the petitioner-wife to warrant the transfer of the proceedings.
Subject
Family Law - Divorce Proceedings
Act Referred
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.
(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.
Legal Category Hierarchy
Table of Contents
2. Petitioner seeks transfer of divorce petition; respondent failed to appear despite notice. (Para 1 , 2 )
3. The petitioner established sufficient cause warranting the transfer of the case. (Para 4 )
4. A transfer petition under Section 25 CPC may be allowed if the petitioner demonstrates sufficient cause for the transfer. (Para 4 )
5. Transfer petition allowed; divorce proceedings transferred to the requested court and records ordered to be transmitted. (Para 4 , 5 , 6 )
6. Under what circumstances can a transfer petition under Section 25 CPC be allowed?
A transfer petition under Section 25 CPC may be allowed if the petitioner establishes sufficient cause warranting the transfer of the case. (Para 4 )
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.
