The Supreme Court allowed the wife’s transfer plea, noting she had no independent income and was entirely dependent on her family. The Court shifted the husband’s restitution of conjugal rights case to her home district for convenience and justice.
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NEW DELHI: The Supreme Court of India has allowed a transfer petition filed by a wife, directing that a restitution of conjugal rights case under Section 9 of the Hindu Marriage Act, 1955, be transferred from Ujjain, Madhya Pradesh, to Bhilwara, Rajasthan. The Court emphasized the wife’s financial dependency, place of residence, and the pendency of multiple related cases in her home district.
The Division Bench comprising Justice Rajesh Bindal and Justice Manmohan passed the order while allowing Transfer Petition (Civil) No. 2666 of 2025, filed by the petitioner-wife, Honey.
Issue Before the Supreme Court
The principal legal issue before the Apex Court was:
Whether a matrimonial proceeding initiated by the husband under Section 9 of the Hindu Marriage Act in Ujjain should be transferred to Bhilwara, where the wife resides and where multiple related cases are already pending.
Background of the Case
The respondent-husband, Yogesh, had instituted Case No. RCS/HM/0000067 of 2025, titled “Yogesh Versus Smt. Honey”, before the Additional Principal Judge, Family Court, District Court, Ujjain, seeking restitution of conjugal rights.
Aggrieved by the inconvenience and financial burden of contesting the case in Ujjain, the petitioner-wife approached the Supreme Court seeking transfer of the proceedings to the Family Court at Bhilwara, Rajasthan.
Arguments by the Petitioner-Wife
Counsel appearing for the petitioner-wife argued that:
- The petitioner is permanently residing at her parental home in Bhilwara, Rajasthan
- She has no independent source of income
- She is entirely dependent on her family for support
- She lacks the financial capacity to travel from Bhilwara to Ujjain repeatedly
- Four other litigations between the parties are already pending in Bhilwara, making it more convenient and judicially efficient to hear all matters in one place
Despite the completion of service, the respondent-husband did not appear before the Supreme Court. The Bench recorded:
“Though service of the respondent is complete, however no one has put in appearance on his behalf.”
Supreme Court’s Observations
After hearing the petitioner’s counsel, the Bench found sufficient grounds to allow the transfer. The Court observed:
“A case is made out for transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, as the petitioner-wife claims to be permanently residing at her parental home at Bhilwara, Rajasthan, with no independent means of income or support to travel to Ujjain.”
The Court also considered the pendency of four other cases in Bhilwara, holding that consolidating proceedings would reduce unnecessary hardship and litigation costs.
The Supreme Court allowed the transfer petition and ordered:
- The restitution of conjugal rights case pending in Ujjain be transferred to the Family Court, Bhilwara, Rajasthan
- The transferee court may hear the case itself or assign it to another court with jurisdiction
- The records must be transmitted promptly to the transferee court
To further reduce hardship to the parties, the Court issued additional directions:
- Video conferencing may be permitted on non-effective dates, where facilities are available
- Wherever feasible, all pending cases between the parties may be assigned to one court
- Courts should make efforts to list matters on a single day, minimizing repeated court appearances
Case Title:
Honey vs. Yogesh
Transfer Petition (Civil) No. 2666/2025
READ ORDER
Click Here to Read Previous Reports on Conjugal Rights