Supreme Court allows transfer of matrimonial case filed against UP judge by his wife

The Supreme Court recently allowed a plea filed by a woman seeking transfer of matrimonial cases filed by her against her husband from Uttar Pradesh to Delhi after noting that the husband is a judicial officer serving in Uttar Pradesh [Reenu Wagav v. Siddhartha Wagav].

The wife had sought transfer of cases from family court in Uttar Pradesh's Meerut to family court in Saket, New Delhi.

She raised apprehension that due to the position of her husband as a judicial officer in Uttar Pradesh and his connections with other judicial officers in the State, she is unlikely to get a fair treatment from the court in the divorce and maintenance cases instituted by her.

Taking note of these apprehensions, a division bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra allowed the transfer plea preferred by wife.

The Court was of the view that justice must not only be done but also seen to be done.

"The respondent is a judicial officer belonging to the Uttar Pradesh Higher Judicial Service and because of his position and proximity with other judicial officers, the petitioner apprehends that while contesting the divorce case instituted by the respondent and also in pressing her claim for maintenance, she is unlikely to get a fair treatment from the Court. The same sentiment was expressed by a coordinate Bench of this Court on 16th February, 2024, when this transfer petition was entertained. Justice must not only be done; it must be seen to have been done. Bearing in mind this universal truth, we see no reason to decline the prayer for transfer," the Court noted in its November 4 order.

Further, on the request of the husband, the Court also transferred the custody case of their minor son to the family court in Saket along with the other cases.

Advocates Dacchita Shahi, Bhanu Gupta, Akshat Singh, Adeem Ahmed, Utkarsh Kandpal and Ishaan appeared for the wife.

Advocates Rahul Gupta and Sakshi Kakkar appeared for the husband.

[Read Order]