1. Wife petitioner seeks transfer of marriage dissolution petition filed under Section 13(1)(ia) Hindu Marriage Act to Family Court via Section 25 CPC. (Para 1 )
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2026 Supreme(Online)(SC) 280
SUPREME COURT OF INDIA
NEHA SIDDESH INDALKAR – Appellant
Versus
SIDDESH SAMPAT INDALKAR – Respondent
Transfer Petition(Civil) No.635/2025
Important Points
Transfer of marriage petition granted based on sufficient cause under Section 25 CPC.
Subject
Family Law - Marriage and Divorce
Act Referred
Hindu Marriage Act, 1955: S.13
CPC: S.25
CPC: S.25
Headnote
This case examines the petitioner's request for transfer of a marriage petition under Section 25 CPC. The court found sufficient cause to fully grant the transfer request, thus allowing the petition. The final order effectively facilitates the transfer of the case to a competent jurisdiction Court.
Legal Category Hierarchy
Table of Contents
2. Petitioner-wife submits sufficient cause for transfer to competent court; respondent-husband's submissions heard via counsel. (Para 2 )
3. Transfer petition allowed; marriage petition transferred to Family Court; record transmitted forthwith; pending applications disposed of. (Para 3 , 4 , 5 , 6 )
4. Whether a transfer petition under Section 25 CPC can be allowed when sufficient cause is made out by the petitioner?
Yes, where sufficient cause is made out by the petitioner-wife, warranting transfer, the transfer petition deserves to be allowed and the case is to be transferred to a court of competent jurisdiction. (Para 3 )
5. Whether the Family Court is the court of competent jurisdiction for proceedings under the Hindu Marriage Act, 1955?
The Family Court is the court of competent jurisdiction for matters arising under the Hindu Marriage Act, 1955, and pending proceedings may be transferred thereto from other courts. (Para 1 , 4 )
ORDER
1. By way of this petition filed under Section 25 CPC , the petitioner - wife seeks transfer of Marriage Petition No. 287 of 2024 (CNR No.MHTH020026982024) titled "Siddesh Sampat Indalkar vs. Neha Siddesh Indalkar" filed by the Respondent – husband under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 pending before the 6th Joint Civil Judge, Senior Division, Thane, Mumbai, to the Court of competent jurisdiction i.e. the Court of Principal Judge, Family Court, Dwarka, New Delhi.
2. Heard the learned counsel appearing for the parties and perused the materials on record.
3. Sufficient cause having been made out by the petitioner – wife, warranting transfer of the case, as prayed for by her, the Transfer Petition deserves to be allowed. It is ordered accordingly.
4. Consequently, Marriage Petition No. 287 of 2024 (CNR MHTH020026982024)) titled "Siddesh Sampat Indalkar vs. Neha Siddesh Indalkar" pending before the 6th Joint Civil Judge, Senior Division, Thane, Mumbai, is ordered to be transferred to the Court of competent jurisdiction i.e. the Court of Principal Judge, Family Court, Dwarka, New Delhi.
5. The entire record pertaining to the said case shall be transmitted forthwith by the transferor court to the transferee court.
6. Pending applications, if any, also stand disposed of.
ORDER
1. The Transfer Petition is allowed, in terms of the signed order.
2. Pending applications, if any, also stand disposed of.
