Introduction

The Supreme Court, in Kavita v. Nitish Kumar, allowed a transfer petition filed under Section 25 of the Code of Civil Procedure, directing that the matrimonial proceedings pending before the Family Court at Rohini, Delhi, be transferred to the Family Court at Jhajjar, Haryana. The petitioner-wife sought transfer of the case on the ground that she had no independent source of income and was entirely dependent on her senior citizen parents, making it difficult for her to effectively participate in proceedings conducted in Delhi.

After considering the circumstances placed on record, the Bench comprising Justice Sanjay Karol and Justice Vipul M. Pancholi observed that the transfer request deserved acceptance. The Court emphasized the practical difficulties faced by the petitioner in defending the matrimonial proceedings at a distant location and ordered the transfer of the case to the competent Family Court in Jhajjar, Haryana. The Court further directed the parties to appear before the transferee court and permitted the respondent-husband to attend proceedings virtually whenever his physical presence was not required.

Advocate Shubhangi Pandey appeared on behalf of the petitioner before the Supreme Court. The decision reinforces the Court’s consistent approach of ensuring access to justice and preventing undue hardship to litigants, particularly in matrimonial disputes involving financial and logistical constraints.

Case Title:- Kavita Vs. Nitish Kumar; Transfer Petition (Civil) No. 1123/2025