SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH, HON'BLE MR. JUSTICE DIPANKAR DATTA
AKANKSHA SAINI – Appellant
Versus
RAJKUMAR SAINI – Respondent
246632025
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) No. 1619/2025 AKANKSHA SAINI PETITIONER VERSUS RAJKUMAR SAINI RESPONDENT
O R D E R
1. Read the office report dated 29th August, 2025.
2. This transfer petition, under Section 25 of the Code of Civil Procedure, 1908, has been presented by the petitioner-wife, Akanksha Saini.
3. The marriage between the petitioner and the respondent- husband, Rajkumar Saini, was solemnized on 15th February, 2013 as per Hindu rites and customs. On 22nd October, 2017, a daughter was 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 9 of the Hindu Marriage Act, 1955, bearing Matrimonial Case No.300/2025 titled “Rajkumar Saini v. Akanksha Saini” in the Family Court, Moradabad, Uttar Pradesh.
5. On the multiple grounds urged in the petition, the petitioner Signature Not Verified rashmi dhyani pant has sought for transfer of the aforesaid proceedings from the Date: 2025.09.04
17:05:31 IST Reason:
Family Court, Moradabad, Uttar Pradesh to the Family Court (East District), Karkardooma District Court, Delhi.
6. Despite service, the respondent has neither entered appearance nor has he filed any counter affidavit dealing with the statements/averments made in the transfer petition. We are, thus, inclined to the view that the respondent has no serious objection to grant of the prayer for transfer.
7. We are also otherwise satisfied, having regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the Family Court, Moradabad, Uttar Pradesh (the petitioner is a working lady living alone with her daughter in Delhi), that interest of justice demands grant of the prayer for transfer.
8. Hence, the transfer petition is allowed. Matrimonial Case No.300/2025 titled “Rajkumar Saini v. Akanksha Saini” pending before the Family Court, Moradabad, Uttar Pradesh is transferred to the Family Court (East District), Karkardooma District Court, Delhi. Records of Matrimonial Case No.300/2025 be transferred to the transferee court immediately.
9. To avoid delay, the parties are directed to appear before the transferee court on 14th October, 2025. 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. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful, 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;
September 01, 2025.
ITEM NO.3 COURT NO.9 SECTION XI 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)(Civil) No.1619/2025 AKANKSHA SAINI Petitioner VERSUS RAJKUMAR SAINI Respondent (FOR ADMISSION; I.A. No.139619/2025-STAY APPLICATION)
Date : 01-09-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) :Mr. Shushant Singh, Adv.
Mr. Krishna Dev Pandey, AOR Mr. Pradeep Kumar Shukla, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following
O R D E R
1. The transfer petition is allowed in terms of the signed order.
2. Pending application(s), if any, shall stand disposed of.
(RASHM
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