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2025 Supreme(Online)(SC) 9866

SUPREME COURT OF INDIA
RAJESH BINDAL, MANMOHAN, JJ
RAJINDER SINGH – Appellant
Versus
SWATI BHATIA – Respondent
Transfer Petition (Criminal) No.454 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Vikram Singh Chauhan, Mr. Rameshwar Prasad Goyal

The court holds that jurisdiction should be consolidated for the efficient adjudication of matrimonial matters, enabling transfers based on prior orders.

Headnote:The Transfer Petition seeks the transfer of proceedings in a divorce case under Hindu Marriage Act, 1955, citing previous transfer order. The Court finds the case suitable for transfer given the context and existing court orders. The issues framed relate to jurisdiction, with the court concluding it is appropriate to consolidate relevant matters in Mohali to ensure judicial efficiency.

Table of Content
1. petition filed for transferring divorce proceedings. (Para 1 , 2)
2. court identifies bases for transferring case for efficiency. (Para 3)

1. The present petition has been filed by the petitioner-husband seeking transfer of proceedings in Case No.21 of 2021 titled as "Swati Bhatia versus Dr. Rajinder Singh" pending before the Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, Himachal Pradesh, to the Court of competent jurisdiction at Mohali, Punjab.

2. Though service is complete, no one has put in appearance on behalf of the sole respondent.

3. After hearing the learned counsel appearing for the petitioner, in our opinion, a case is made out for transfer of the proceedings as the Divorce Petition bearing Case No.DMC 1105 of 2021 filed by the husband under Section 13 of the Hindu Marriage Act , 1955, has already been transferred to Mohali, Punjab from Bathinda, Punjab vide order dated 23rd November, 2022 passed in Transfer Application No.1435 of Signature Not Verified

2022, filed by the respondent-wife, by the High Court of Punjab &

Digitally signed by ANITA MALHOTRA Date: 2025.10.18

13:53:11 IST Reason:

Haryana.

4. Accordingly, Case No.21 of 2021 titled as "Swati Bhatia versus Dr. Rajinder Singh" pending before the Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, Himachal Pradesh, is transferred to the Chief Judicial Magistrate at SAS Nagar, Mohali, Punjab, who shall either hear the matter himself or assign it to another court having jurisdiction.

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

6. In case video conferencing facilities are available in the transferee Court, the parties may be permitted to appear through video conferencing on non-effective dates of hearings.

7. Accordingly, the Transfer Petition is allowed.

..…...........................J.

(RAJESH BINDAL)

.…............................J.

(MANMOHAN)

NEW DELHI;

October 08, 2025.

ITEM NO.10 COURT NO.16 SECTION II-C 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)(Criminal) No(s). 454/2025 RAJINDER SINGH Petitioner(s)

VERSUS SWATI BHATIA Respondent(s)

(IA No. 127929/2025 - STAY APPLICATION)

Date : 08-10-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) :

Mr. Vikram Singh Chauhan, Adv.

Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) :

UPON hearing the counsel the Court made the following

O R D E R

The Transfer Petition is allowed in terms of the signed order.

Pending application also stands disposed of.

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