06/05/2026
๐๐๐๐๐ถ๐ฐ๐ฒ, ๐๐ถ๐ด๐ป๐ถ๐๐ & ๐๐ฐ๐ฐ๐ฒ๐๐ ๐๐ผ ๐๐๐๐๐ถ๐ฐ๐ฒ: ๐๐ป๐ผ๐๐ต๐ฒ๐ฟ ๐ฆ๐ถ๐ด๐ป๐ถ๐ณ๐ถ๐ฐ๐ฎ๐ป๐ ๐ ๐ฎ๐๐ฟ๐ถ๐บ๐ผ๐ป๐ถ๐ฎ๐น ๐ง๐ฟ๐ฎ๐ป๐๐ณ๐ฒ๐ฟ ๐๐ฒ๐ณ๐ผ๐ฟ๐ฒ ๐๐ต๐ฒ ๐๐ผ๐ปโ๐ฏ๐น๐ฒ ๐ฆ๐๐ฝ๐ฟ๐ฒ๐บ๐ฒ ๐๐ผ๐๐ฟ๐ ๐ผ๐ณ ๐๐ป๐ฑ๐ถ๐ฎ
I recently had the privilege of appearing before the Honโble Supreme Court of India in Transfer Petition (Civil) No. 2578 of 2025 titled *โSonu Dindayal Gupta v. Dindayal Rajmangal Guptaโ*, wherein the Honโble Court was pleased to allow the Transfer Petition and transfer the matrimonial proceedings pending before the Family Court at Bandra, Mumbai to the competent Family Court at Ghaziabad, Uttar Pradesh. The matter was decided by a Bench comprising Honโble Mr. Justice Vikram Nath and Honโble Mr. Justice Sandeep Mehta vide order dated 21 January 2026.
The case arose from a matrimonial dispute in which the Petitioner-Wife sought transfer of Divorce Petition A No. 255 of 2024 instituted by the Respondent-Husband before the Family Court at Mumbai. The Transfer Petition was preferred under Section 25 of the Code of Civil Procedure, 1908, on the ground that the Petitioner was residing at Ghaziabad and was already pursuing multiple connected proceedings there, including maintenance proceedings, domestic violence proceedings, and criminal prosecution arising out of the matrimonial discord.
The matter highlighted a recurring challenge faced by women litigants in matrimonial disputes โ the burden of defending proceedings instituted in distant jurisdictions, often far away from their parental homes, support systems, and pending connected proceedings. In the present case, the Petitioner was compelled to seek intervention of the Honโble Supreme Court to prevent multiplicity of litigation and to ensure effective access to justice without being subjected to disproportionate financial, emotional, and logistical hardship.
Despite service of notice, the Respondent failed to enter appearance before the Honโble Supreme Court. Upon hearing learned counsel appearing on behalf of the Petitioner and upon perusal of the material placed on record, the Honโble Court was pleased to record satisfaction with the grounds urged in the Transfer Petition and accordingly ordered transfer of the matrimonial proceedings from Mumbai to Ghaziabad.
What makes this order particularly significant is the continued reaffirmation of a settled yet socially important principle โ that in matrimonial transfer petitions, the convenience, dignity, and safety of the wife deserve paramount consideration. Over the years, the Honโble Supreme Court has consistently evolved a jurisprudence that recognises the structural and practical disadvantages often faced by women in matrimonial litigation, particularly where proceedings are instituted in geographically distant forums.
The Honโble Court also adopted a progressive and access-oriented approach by observing that the parties may initially appear through virtual mode and that the transferee court may favourably consider such requests. In addition, liberty was granted to the parties to explore the possibility of settlement through mediation before the transferee court.
These directions are reflective of the judiciaryโs evolving commitment towards balancing procedural fairness with humane and practical realities faced by litigants. The increasing recognition of virtual appearance in matrimonial disputes is an important step towards reducing unnecessary hardship, litigation costs, and emotional strain associated with repeated physical appearances across states.
From a broader legal perspective, the order once again reiterates that procedural law is ultimately intended to advance substantive justice and not to become a mechanism of harassment or procedural oppression. Matrimonial litigation, by its very nature, demands sensitivity, fairness, and equal access to legal remedies. Concentration of connected proceedings within one jurisdiction not only promotes judicial economy and consistency but also ensures that vulnerable litigants are able to participate meaningfully in the adjudicatory process.
It was an honour to appear and assist 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 Honโble Supreme Court of India.
Grateful to the client for the trust reposed in us and humbled by the opportunity to contribute towards securing meaningful access to justice before the Honโble Supreme Court of India.
โ
Surit Chaubey
Advocate, Supreme Court of India
Founder & Managing Partner
Corpus Juris Group of Advocates & Solicitors.
