I had the privilege of successfully appearing and securing relief for the Petitioner-Wife before the Hon’ble Supreme Court of India in Transfer Petition (Civil) No. 2578 of 2025 titled “Sonu Dindayal Gupta v. Dindayal Rajmangal Gupta.” The matter was heard and decided by a Bench comprising Hon’ble Mr. Justice Vikram Nath and Hon’ble Mr. Justice Sandeep Mehta on 21 January 2026.
The present Transfer Petition was instituted under Section 25 of the Code of Civil Procedure seeking transfer of Divorce Petition A No. 255 of 2024 titled “Dindayal Rajmangal Gupta v. Sonu Dindayal Gupta” pending before the Family Court at Bandra, Mumbai, Maharashtra to the competent Family Court at Ghaziabad, Uttar Pradesh.
The matter involved serious issues pertaining to matrimonial cruelty, financial hardship, multiplicity of proceedings, and the fundamental right of a woman litigant to access justice without being subjected to oppressive and distant litigation. It was specifically urged before the Hon’ble Court that the Petitioner-Wife was residing at Ghaziabad and that compelling her to travel repeatedly from Uttar Pradesh to Mumbai for every hearing would cause immense financial, physical, and emotional hardship. The Transfer Petition also highlighted that several connected proceedings arising out of the matrimonial dispute were already pending within the jurisdiction of Ghaziabad Courts.
Upon issuance of notice, despite complete service of show-cause notice upon the Respondent, no appearance was entered on behalf of the Respondent before the Hon’ble Supreme Court. The Hon’ble Court, after hearing learned counsel appearing for the Petitioner and upon perusal of the material placed on record, was pleased to record satisfaction with the grounds urged in the Transfer Petition.
The Hon’ble Supreme Court accordingly allowed the Transfer Petition and directed transfer of Divorce Petition A No. 255 of 2024 from the Family Court at Bandra, Mumbai, Maharashtra to the competent Family Court at Ghaziabad, Uttar Pradesh. The Hon’ble Court further directed that the entire judicial record be transmitted immediately to the transferee court.
In a progressive and litigant-sensitive direction, the Hon’ble Supreme Court also observed that the parties may explore the possibility of amicable settlement through mediation before the transferee court. Additionally, liberty was granted to the parties to initially appear through virtual mode, with further physical appearance to be directed only if necessary. Such directions reflect the continuing evolution of access-oriented matrimonial jurisprudence and the increasing judicial emphasis on reducing unnecessary hardship faced by litigants, particularly women in matrimonial disputes.
The matter stands as a reaffirmation of the settled principle repeatedly recognised by the Hon’ble Supreme Court that in matrimonial transfer proceedings, the convenience, dignity, and safety of the wife deserve paramount consideration. The order further strengthens the jurisprudential approach that procedural law must operate to secure substantive justice and cannot become an instrument of harassment or coercive litigation.
I had the honour of appearing and assisting in the matter along with our legal team comprising Mr. Sujeet Kumar Chaubey, Advocate, Ms. Ishtha Singh, Advocate, and Mr. Ashish Kumar Upadhyay, Advocate-on-Record before the Hon’ble Supreme Court of India.
Grateful for the trust reposed by the client and humbled by another opportunity to contribute towards securing meaningful access to justice before the Hon’ble Supreme Court of India.
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Surit Chaubey
Advocate, Supreme Court of India
Founder & Managing Partner
Corpus Juris Group of Advocates & Solicitors