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2025 Supreme(Online)(SC) 9871

SUPREME COURT OF INDIA
RAJESH BINDAL, MANMOHAN, JJ
ABHILASHA DWIVEDI & ANR. – Appellant
Versus
ASHOK DWIVEDI – Respondent
Transfer Petitions (Criminal) Nos.553-554 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Rajiv Kumar Virmani, AOR, Mr. Shubham Pandey, Adv., Mr. Akshaye Ahuja, Adv.

Transfer petitions under Section 125 and Section 128 Cr.P.C. are subject to court discretion based on merit and precedent.

Headnote:The petitioners sought to transfer a petition under Section 125 Cr.P.C. and an Execution Petition under Section 128 Cr.P.C. from New Delhi to Surat, Gujarat. The Court considered the merits of the petitions and previously dismissed a related transfer petition, ultimately ruling that the petitions lacked merit. The Court denied the transfer requests, but allowed for video conferencing facilities during hearings if available.

Table of Content
1. transfer of case petitions between courts. (Para 1)
2. court's discretion based on previous rulings. (Para 2)

O R D E R

1. The present petitions have been filed by the petitioners seeking transfer of a petition under Section 125 Cr.P.C. bearing M.T. Petition No.72 of 2020 titled as ‘Mrs. Abhilasha Dwivedi and Anr. vs. Sh. Ashok Dwivedi’ and Execution Petition under Section 128 Cr.P.C. bearing Execution No.203 of 2022 titled as ‘Mrs. Abhilasha Dwivedi and Anr. vs. Sh. Ashok Dwivedi’ pending before the Court of Principal Judge, Family Court, South District, Saket Court, New Delhi to the Court of Principal Judge, Family Court, Surat, Gujarat.

2. After hearing learned counsel for the petitioners and considering the order passed by this Court in T.P.(C) No.1384/2025 whereby another petition filed by the petitioner no.1 seeking Signature Not Verified Digitally signed by transfer of HMA No.892/2024 was dismissed, we do NEETU KHAJURIA Date: 2025.10.18

13:32:54 IST Reason:

not find any merit in the present petitions.

3. The Transfer Petitions are, accordingly, dismissed.

4. However, in case video conferencing facilities are available in Court concerned, the petitioners may be permitted to appear through video conferencing on non-effective dates of hearing.

....................J.

[RAJESH BINDAL]

....................J.

[MANMOHAN] NEW DELHI;

OCTOBER 15, 2025 ITEM NO.2 COURT NO.15 SECTION II-D S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petitions (Criminal) Nos.553-554/2025 ABHILASHA DWIVEDI & ANR. Petitioner(s)

VERSUS ASHOK DWIVEDI Respondent(s)

[IA No. 155221/2025 - EX-PARTE STAY IA No. 155225/2025 - EXEMPTION FROM FILING O.T.]

Date : 15-10-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) :Mr. Rajiv Kumar Virmani, AOR Mr. Shubham Pandey, Adv.

Mr. Akshaye Ahuja, Adv.

For Respondent(s) :

UPON hearing the counsel the Court made the following

O R D E R

The Transfer Petitions are accordingly, dismissed in terms of the signed order.

Pending application(s), if any, shall also stand disposed of.

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