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Dr. Seema Sikka vs Dr. Pranav Sikka

Transfer Petition (Civil) · 2022 INSC 918Decided 5 Sept 2022
Transfer Petition (Civil) No.1217 of 2021
Uday Umesh Lalit · S. Ravindra Bhat

Background

The wife filed transfer petitions asking that a Guardian Petition (pending before the Family Court, Noida) and a Restitution of Conjugal Rights petition (pending before the Family Court, Meerut), both filed by the husband, be moved to the Family Courts at Karkardooma, Delhi. The Court had earlier issued notice on both petitions and, during the hearing, was informed that the husband had already withdrawn the Meerut proceedings.

Decision Breakdown

The Supreme Court held that no case had been made out to transfer the remaining proceedings (the Guardian Petition) from Gautam Budh Nagar, Uttar Pradesh to Delhi. Instead of ordering a transfer, the Court directed the Family Court at Gautam Budh Nagar to consider referring the matter to mediation so the parties could explore a negotiated settlement, and directed the parties to appear before that court on 12.09.2022. The transfer petitions were disposed of on these terms.

Lesson Learnt

A spouse seeking transfer of matrimonial proceedings under Article 139A/Section 25 CPC must show genuine hardship or inconvenience; courts often prefer to nudge parties toward mediation rather than shift the case's venue, especially once one of the connected proceedings has already been withdrawn.

Official source (sci.gov.in)View Judgment (PDF)

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