IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.2333 OF 2025 PRIYANKA KUMARI PETITIONER VERSUS ASHISH DECOSTA RESPONDENT

O R D E R

Nobody appears on behalf of the petitioner-wife.

2. We have heard the learned counsel for the respondent-husband, who has also filed a counter affidavit.

3. The Petitioner-wife has filed this Transfer Petition seeking transfer of the proceedings bearing RCS-HM No.1205 of 2023, titled “Ashish Decosta v. Priyanka Kumari”, pending before the Court of 1^st learned Additional Principal Judge, Family Court, Bhopal, Madhya Pradesh to the Family Court, Prayagraj, Uttar Pradesh.

4. Learned counsel for the respondent-husband submits that as the petitioner-wife has deserted the respondent, he has filed a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955 (for short, the “Act”). It was his Signactureo Nont Vetrifieedntion that upon filing of the said case, the petitioner-wife Digitally signed by SAPNA BISHT Date: 2026.02.25 Reason:

maintenance has been granted to her, which the respondent-husband is paying. It was contended that if at all, the petitioner-wife has any genuine issue in appearing before the Court concerned, she can always appear in the Court proceedings through virtual mode.

5. At this juncture, when the Court put a query to the learned counsel for the respondent, as to why, he being the husband, should not appear before the Court concerned through virtual mode in view of the fact that it is a petition for Restitution of Conjugal Rights, the stand is that he would be agreeable to it, however, the Court would allow him to appear through virtual mode. 6. In view of the aforesaid position, the Transfer Petition is allowed and the subject-case is transferred to the Family Court, Prayagraj, Uttar Pradesh.

7. After the matter is transferred to the Family Court, Prayagraj, Uttar Pradesh, the concerned Court will give fresh notice to the parties by fixing a date and the aforesaid matter shall proceed before the said Court from the stage it was before the Court of 1^st learned Additional Principal Judge, Family Court, Bhopal, Madhya Pradesh.

8. It shall be open to the respondent-husband to seek permission from the transferee court to appear through virtual mode. If such an application is filed by the respondent-husband, the Court concerned shall consider the same, in accordance with law, depending on the infrastructure and facilities available at that Court.

9. The records of the case be transferred to the transferee Court forthwith.

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

……………………………………………………………………J.

[AHSANUDDIN AMANULLAH]

…………………………………………………………………………J.

[R. MAHADEVAN]

NEW DELHI

23^rd FEBRUARY, 2026 ITEM NO.47 COURT NO.13 SECTION IV-C 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(s).2333/2025 PRIYANKA KUMARI Petitioner(s)

VERSUS ASHISH DECOSTA Respondent(s)

(OR ADMISSION)

Date : 23-02-2026 This petition was called for hearing today.

CORAM :

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Ms. Manju Jetley, AOR (N/P)

For Respondent(s) Ms. Tara Chauhan, Adv.

Mr. Vishal Mani, Adv.

Mr. Vivek Kumar Brahamene, Adv.

Mr. Kaushal Kishore, Adv.

Ms. Nandini, Adv.

Mr. Ajay Amritraj, AOR

O R D E R

The Transfer Petition is allowed in terms of the signed order.

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

(SAPNA BISHT) (KOMAL)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)