SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(SC) 9875

SUPREME COURT OF INDIA
RAJESH BINDAL, MANMOHAN, JJ
KINJAL DALAL SHAH – Appellant
Versus
AKSHAY KUMAR SHAH – Respondent
Transfer Petition (C) No.1669 of 2021



Advocates:
For the Appellants/Petitioners: Mr. C.b.gururaj, Adv., Mr. Prakash Ranjan Nayak, AOR, Ms. Ilashri Gaur, Adv.

Transfer of jurisdiction in divorce proceedings considered for convenience and necessity.

Headnote:The statute concerning civil marriage dissolution provides a framework for transferring jurisdiction between courts. In this case, the petitioner seeks to transfer proceedings from the Hyderabad court to Ahmedabad due to the financial dependency on her parents. The court finds merit in the request as multiple cases are pending in Ahmedabad. The core issues involve transfer jurisdiction and the living conditions of the petitioner. The ruling permits the transfer accordingly, reaffirming the necessity of consolidating relevant cases.

Table of Content
1. petitioner's request for transfer of divorce case. (Para 1 , 2)
2. court's rationale for granting the transfer. (Para 3)

O R D E R

1. The present petition has been filed by the petitioner–wife seeking transfer of the suit for dissolution of marriage filed by the respondent- husband bearing FCOP No.810/2020 titled as "Akshay Kumar Shah vs. Kinjal Dalal Shah" pending before the Family Court at Hyderabad, Telangana to the Family Court at Ahmedabad, Gujarat.

2. Despite service of notice, the sole respondent has not put in appearance.

3. After hearing the learned counsel appearing for the petitioner, in our opinion, a case is made out for transfer of divorce proceedings as there are four more cases between the parties pending at Ahmedabad and, moreover, the petitioner claimed that she has no independent source of income and is entirely dependent on her parents.

Signature Not Verified 4. Accordingly, FCOP No.810/2020 titled "Akshay Digitally signed by NEETU KHAJURIA Date: 2025.10.18

13:28:56 IST Kumar Shah vs. Kinjal Dalal Shah" pending before Reason:

the Family Court at Hyderabad, Telangana is transferred to the Family Court at Ahmedabad, Gujarat.

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

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 hearing.

7. The Transfer Petition is, accordingly, allowed.

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

[RAJESH BINDAL]

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

[MANMOHAN] NEW DELHI;

OCTOBER 9, 2025 ITEM NO.1 COURT NO.16 SECTION XII-A 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.1669/2021 KINJAL DALAL SHAH Petitioner(s)

VERSUS AKSHAY KUMAR SHAH Respondent(s)

IA No. 120480/2021 - STAY APPLICATION Date : 09-10-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) :Mr. C.b.gururaj, Adv.

Mr. Prakash Ranjan Nayak, AOR Ms. Ilashri Gaur, Adv.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top