Supreme Court Allows Transfer of Family Court Case from Mumbai to Gujarat Under Code of Civil Procedure, 1908


CASE NOTE & SUMMARY

The Supreme Court allowed a transfer petition seeking to move a family court case from Mumbai to Gujarat. The petitioner filed under Section 25 of CPC, 1908 requesting transfer of Petition No. A-2478 of 2018 from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat. After hearing both parties and considering the grounds, the Court directed the transfer and ordered immediate transfer of records. The Court also directed that video conferencing facilities be extended if available at the transferee court and disposed of all pending applications.


HEADNOTE

The Supreme Court allowed a transfer petition filed under Section 25 of Code of Civil Procedure, 1908 (CPC) -- The petitioner sought transfer of Petition No. A-2478 of 2018 from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat -- After hearing both parties and considering grounds in transfer petition, Court directed transfer of case -- Ordered records be transferred without delay -- Directed transferee court to extend video conferencing facility if available -- Disposed of pending applications


ISSUE OF CONSIDERATION

Whether the case pending in Family Court at Bandra, Mumbai should be transferred to Family Court at Bhavnagar, Gujarat

FINAL DECISION

The Supreme Court allowed the transfer petition and directed transfer of Petition No. A-2478 of 2018 titled 'Pankajsinh Vikramsinh Jadeja Vs. Trushnaba Pankajsinh Jadeja' from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat. Ordered immediate transfer of records and directed transferee court to extend video conferencing facility if available. Disposed of all pending applications.

Citation: 2026 LawText (SC) (01) 73

Case Number: Transfer Petition (Civil) No. 684 of 2025

Date of Decision: 2026-01-21

Case Title: Whether the case pending in Family Court at Bandra, Mumbai should be transferred to Family Court at Bhavnagar, Gujarat

Before Judge: Pamidighantam Sri Narasimha J. , Alok Aradhe J.

Advocate(s): Mr. Laxmikant Matadan Shukla, AOR, Mr. Ravinder Kumar, Adv., Ms. Suman Singh, Adv., Mr. Bhanu Pratap Singh, Adv.

Appellant: Trushnaba Pankajsinh Jadeja

Respondent: Pankajsinh Vikramsinh Jadeja

Nature of Litigation: Transfer petition seeking relocation of family court proceedings

Remedy Sought: Petitioner seeking transfer of case from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat

Filing Reason: Grounds mentioned in transfer petition for convenience and other considerations

Previous Decisions: Case pending as Petition No. A-2478 of 2018 in Family Court at Bandra, Mumbai

Issues: Whether the transfer petition under Section 25 of CPC, 1908 should be allowed

Submissions/Arguments: Petitioner's grounds for transfer -- Respondent's appearance and submissions

Ratio Decidendi: The Supreme Court has discretionary power under Section 25 of CPC, 1908 to transfer cases when grounds for transfer are established and it serves the interests of justice and convenience of parties

Judgment Excerpts: The petitioner has filed the petition under Section 25 of the Code of Civil Procedure, 1908 before this Court seeking transfer of Case bearing Petition No. A-2478 of 2018 Having heard learned counsel appearing for the petitioner and the respondent...we allow the transfer petition and direct the transfer of case Let the record of the case be transferred without delay If video conferencing facility is available with the transferee Court, the benefit of the same shall be extended to the parties

Procedural History: Petition filed under Section 25 of CPC, 1908 -- Hearing conducted with both parties represented -- Transfer petition allowed -- Transfer directed from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat -- Records ordered to be transferred -- Pending applications disposed of

Acts and Sections:
  • Code of Civil Procedure, 1908: Section 25