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2025 Supreme(Online)(SC) 9861

SUPREME COURT OF INDIA
J.K. MAHESHWARI, VIJAY BISHNOI, JJ
KANANBALA KASHYAP – Appellant
Versus
PAWAN KISHOR – Respondent
Transfer Petition (Civil) No. 1324 of 2025



Advocates:
For the Appellants/Petitioners: Ms. Hetu Arora Sethi, AOR
For the Respondents: Mr. Gopal Jha, AOR, Mr. Umesh Kumar Yadav, Adv., Mr. Sawan Datta, Adv.

The court permits case transfer under the Hindu Marriage Act for convenience due to logistical challenges faced by a parent.

Headnote:(i) Section 13(1)(i-a) of the Hindu Marriage Act, 1955, pertains to divorce petitions based on mutual consent. The petitioner seeks the transfer of Divorce Case No. 1862 of 2024 from Gautam Budh Nagar to Bangalore due to the inconvenience caused by travel for a mother with a young child. The court finds merit in this request. (ii) The main issue framed was the necessity to facilitate the petitioner’s attendance at proceedings. The court reasoned that the geographical distance justified the transfer, ensuring accessibility for the petitioner. (iii) The petition is allowed, and the case is ordered to be moved to the Principal Family Judge, Bangalore.

Table of Content
1. transfer petition filed for convenience under the hindu marriage act. (Para 1)

O R D E R

(i) The petitioner (wife) has filed this transfer petition seeking transfer of Divorce Case No. 1862 of 2024 titled as Pawan Kishor v. Kananbala Kashyap filed by the respondent (husband) under Section 13(1)(i-a) of the Hindu Marriage Act , 1955, from the Court of Principal Judge, Family Court, Gautam Budh Nagar, Uttar Pradesh, to the Court of Principal Family Judge, Bangalore, Karnataka.

(ii) As per order dated 13.08.2025, by mutual consent, the parties were relegated to take recourse of mediation before the Karnataka Mediation Centre.

Signature Not Verified Digitally signed by NIDHI AHUJA As per the report dated 30.08.2025 received from the Date: 2025.10.18

13:44:40 IST Reason:

Mediation Centre, the respondent has no objection for the transfer of case as prayed for in this transfer petition.

(iii)Having heard learned counsel for the parties and considering the fact that a 4½ years old child is with the petitioner (mother) and also looking to the distance between Gautam Budh Nagar, Uttar Pradesh and Bangalore, Karnataka, it would be inconvenient to the petitioner (wife) to attend the proceedings at Gautam Budh Nagar.

(iv) Therefore, we deem it appropriate to allow this transfer petition and accordingly, Divorce Case No. 1862 of 2024 titled as Pawan Kishor v. Kananbala Kashyap filed by the respondent (husband) under Section 13(1)(i-a) of the Hindu Marriage Act , 1955, is ordered to be transferred from the Court of Principal Judge, Family Court, Gautam Budh Nagar, Uttar Pradesh, to the Court of Principal Family Judge, Bangalore, Karnataka.

(v) It is on the discretion of the transferee Court to allow the presence of the respondent (husband)

virtually until necessarily required.

(vi) On intimation by e-mail, the records of the case be transferred to the transferee Court without any delay and immediate compliance be made.

(vii)The transfer petition is, accordingly, allowed. Pending application(s), if any, shall stand disposed of.

…………………………………………………………., J.

[ J.K. MAHESHWARI ]

…………………………………………………………., J.

[ VIJAY BISHNOI ]

New Delhi;

October 17, 2025.

ITEM NO.2 COURT NO.4 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Civil) No. 1324/2025 KANANBALA KASHYAP Petitioner(s)

VERSUS PAWAN KISHOR Respondent(s)

[SETTLEMENT AGREEMENT RECEIVED]

(IA No. 115146/2025 - EX-PARTE STAY and IA No. 127012/2025 -

PERMISSION TO APPEAR AND ARGUE IN PERSON)

Date : 17-10-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE VIJAY BISHNOI For Petitioner(s) :

Ms. Hetu Arora Sethi, AOR For Respondent(s) :

Mr. Gopal Jha, AOR Mr. Umesh Kumar Yadav, Adv.

Mr. Sawan Datta, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1) The transfer petition is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.

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