IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (Civil) No. 338/2025 RUPAM TIWARI PETITIONER VERSUS ATUL RAI RESPONDENT

O R D E R

1. Read the office report dated 15th December, 2025.

2. This transfer petition, under Section 25 of the Code of Civil Procedure, 1908, has been presented by the petitioner-wife, Rupam Tiwari.

3. The marriage between the petitioner and the respondent- husband, Atul Rai, was solemnized on 05^th March, 2023 as per Hindu rites and customs. No child is born to the petitioner and the respondent from the wedlock. However, the parties have since drifted apart owing to differences arising by and between them.

4. The respondent has instituted proceedings under Section 13(1) (i-a) of the Hindu Marriage Act, 1955, bearing Petition No.1140/2024 titled “Atul Rai V. Rupam Tiwari” in the court of the Principal Family Judge, Varanasi, Uttar Pradesh.

5. On the multiple grounds urged in the petition, the petitioner has Signature Not Verified sought for transfer of the aforesaid proceedings from the court of the rashmi dhyani pant Date: 2025.12.23 Reason: Principal Family Judge, Varanasi to the Family Court, Bhojpur, Ara, Bihar.

6. We have heard learned counsel for the parties.

7. We are satisfied, having regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the court of the Principal Family Judge, Varanasi, Uttar Pradesh, that interest of justice demands grant of the prayer for transfer.

8. Hence, the transfer petition is allowed. Petition No.1140/2024 titled “Atul Rai v. Rupam Tiwari” pending before the Principal Family Judge, Varanasi, is transferred to the Family Court, Bhojpur, Ara, Bihar. Records of Petition No.1140/2024 be transferred to the transferee court immediately.

9. To avoid delay, the parties are directed to appear before the transferee court on 05^th February, 2026. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law.

10. Notwithstanding that mediation has failed, the presiding officer of the transferee court shall endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful once again, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law.

11. If the respondent is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably.

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

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

(DIPANKAR DATTA)

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

(AUGUSTINE GEORGE MASIH)

New Delhi;

December 16, 2025.

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (Crl.) No.687/2025 ATUL RAI & ANR. PETITIONERS VERSUS RUPAM TIWARI RESPONDENT WITH TRANSFER PETITION (Crl.) No.1095/2025 ATUL RAI PETITIONER VERSUS RUPAM TIWARI RESPONDENT

O R D E R

1. Heard learned counsel appearing for the parties.

2. We are not inclined to entertain these transfer petitions, viz. Transfer Petition (Crl.) No.687/2025 seeking transfer of Complaint Case No.253 of 2024 from the court of the Sub- Divisional Magistrate, Bhojpur, Ara to the court of the Sub- Divisional Magistrate, Varanasi, Uttar Pradesh, and Transfer Petition (Crl.) No.1095/2025 seeking transfer of Maintenance Case No.39 of 2024 from the court of the Principal Judge, Family Court, Bhojpur, Ara to the Family Court, Varanasi, Uttar Pradesh.

3. The transfer petitions are, accordingly, dismissed.

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

……………………………………..J.

[DIPANKAR DATTA]

………………………………………J.

[AUGUSTINE GEORGE MASIH]

NEW DELHI;

December 16, 2025.

ITEM NO.1+43 COURT NO.8 SECTION XI S