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2025 Supreme(Online)(SC) 110962

SUPREME COURT OF INDIA
Rajesh Bindal, Manmohan, JJ
HONEY VS. YOGESH
TRANSFER PETITION (CIVIL) NO.2666/2025



Advocates:
For the Appellants/Petitioners: Rishi Tutu, Aman Jha, Kshitij Mayank, Srijan Sahu
For the Respondents: Srishti Mishra, Sumeet Mishra

Transfer of matrimonial proceedings is granted based on the convenience of the wife, considering her place of residence, financial dependency, and the existence of other pending litigations in the same jurisdiction.

Headnote:The matter involves a petition for transfer of proceedings under Section 9 of the Hindu Marriage Act, 1955. The petitioner-wife seeks to transfer a case for restitution of conjugal rights from the Family Court, Ujjain, Madhya Pradesh, to the Family Court, Bhilwara, Rajasthan. The court found that the petitioner-wife resides in Bhilwara and lacks independent financial means to travel. The primary issue is whether the convenience of the wife justifies the transfer of the matrimonial case. The court reasoned that since the petitioner-wife is permanently residing at her parental home, is financially dependent, and has four other cases pending in the same city, the transfer is necessary to ensure the accessibility of the proceedings. Accordingly, the Transfer Petition is allowed.

Table of Content
1. request for transfer of matrimonial proceedings from one state to another. (Para 1 , 2)
2. transfer granted based on wife's residence, financial dependency, and pending litigations. (Para 3)
3. order for transfer of case and administrative directions for record transmission and video conferencing. (Para 4 , 5 , 6 , 7)

O R D E R

1. The present petition has been filed by the petitioner–wife seeking transfer of Case No. RCS/HM/0000067 of 2025 titled as “Yogesh Versus Smt. Honey”, filed by the respondent-husband for restitution of conjugal rights under Section 9 of Hindu Marriage Act, 1955, pending before the Additional Principal Judge, Family Court, District Court, Ujjain, Madhya Pradesh to the Family Court, Bhilwara, Rajasthan.

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

3. After hearing the learned counsel appearing for the petitioner-wife, in our opinion, a case is made out for transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 as the petitioner-wife claims to be permanently residing at her parental home at Bhilwara, Rajasthan, with no independent means of income or support to travel to Ujjain to attend the proceedings initiated by the Respondent and is entirely dependent, on her family. Besides this, four more cases are pending at Bhilwara, Rajasthan.

4. Accordingly, Case No. RCS/HM/0000067 of 2025 titled as “Yogesh Versus Smt. Honey”, pending before the Additional Principal Judge, Family Court, District Court, Ujjain, Madhya Pradesh is hereby transferred to the Family Court, Bhilwara, Rajasthan, who shall either hear the matter himself or assign the case 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. Wherever possible the cases may be assigned to one court and effort can be made to fix these cases on a single day so that the parties are not required to attend court on multiple dates.

7. Accordingly, the Transfer Petition is allowed.

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