Divorce Case Shifted to Husband’s Chosen Court; Transfer Petitions Allowed as Supreme Court Breaks the Myth

The Supreme Court allowed the husband’s transfer petitions and shifted the divorce cases from Bhiwadi, Rajasthan, to Gurugram, Haryana. The order highlights convenience, pending proceedings, and ensures faster and fair trial access.

NEW DELHI: The Supreme Court of India has allowed two Transfer Petitions filed by a husband – Rohit Kapoor and ordered the transfer of his divorce cases from Bhiwadi, Rajasthan, to Gurugram, Haryana. The petitions were filed under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of Divorce Petitions which were pending before the Court of Additional District Judge, Bhiwadi, District Alwar, Rajasthan.

The case history shows that the parties were married on December 9, 2022, and separated in July 2023. Divorce petitions were first filed in Noida in August 2023. Earlier, by an order dated August 7, 2024, the Supreme Court had transferred the matters to Bhiwadi on petitions filed by the respondent-wife.

After the transfer, written statements were filed before the Bhiwadi court on July 30, 2025. Thereafter, the husband once again approached the Supreme Court seeking transfer of the cases to Gurugram.

A Division Bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh examined the grounds raised by the husband. It was pointed out that another connected case was already pending at Gurugram, that the petitioner-husband was staying at Noida, and that the respondent-wife was staying at Gurugram. After considering these factors, the Court recorded its clear opinion stating:

“On such consideration, we are of the view that the transfer can be allowed.”

Consequently, the Supreme Court passed a categorical direction that the Transfer Petitions stand allowed. The Court ordered that the Divorce Petitions pending before the Court of Additional District Judge, Bhiwadi, District Alwar, Rajasthan, shall be transferred to a Court of competent jurisdiction at the Principal Judge, Family Court, Gurugram, Haryana.

The Bhiwadi court has been directed to forward the complete records of both cases to the Gurugram Family Court as expeditiously as possible. The Supreme Court further directed that the parties shall appear before the concerned Gurugram court on 20th February, 2026. Importantly, the Court granted permission to the parties to attend the proceedings virtually unless their physical presence is specifically required by the trial court.

It was also ordered that all pending applications, including the stay application, shall stand disposed of.

The petitioner-husband was represented by a strong legal team of Tripaksha Litigation – playing a key role in advancing the submissions that ultimately persuaded the Court to allow the transfer. The matter was handled by Advocate Ashish Choudhury (AOR), Advocate R. D. Singh and Advocate Divya Tripathi, whose arguments facilitated relief in favour of the husband.

This Supreme Court order once again reaffirms that transfer of matrimonial proceedings is not automatic in favour of one party and must be decided on practical considerations such as convenience, location of parties, and connected cases. The decision strengthens procedural fairness and ensures that matrimonial disputes are heard in a forum that best serves justice for both sides.

Explanatory Table – Laws & Sections Involved

Case Summary

• Case Title: Rohit Kapoor vs. Ketaki Malhotra
• Type of Case: Transfer Petition (Civil)
• Transfer Petition Numbers: Transfer Petition (C) Nos. 2674–2675 of 2025
• Original Divorce Case Numbers: Family Main Case No. 96/2024 And Family Main Case No. 97/2024
• Statutory Provision Invoked: Section 25 of the Code of Civil Procedure, 1908
• Original Court (Transferred From): Court of Additional District Judge, Bhiwadi, District Alwar, Rajasthan
• Transferred To: Court of competent jurisdiction at the Principal Judge, Family Court, Gurugram, Haryana
• Date of Supreme Court Order: 08 December 2025
• Next Date Fixed by Transferee Court: 20 February 2026
• Mode of Appearance: Virtual appearance permitted unless physical presence is specifically required by the trial court
• Status of Pending Applications: Disposed of
• Bench: Hon’ble Mr. Justice Sanjay Karol and Hon’ble Mr. Justice Nongmeikapam Kotiswar Singh

Counsels

• For the Petitioner (Husband – Rohit Kapoor)
  • Tripaksha Litigation
  • Mr. Ashish Choudhury, AOR
  • Mr. R. D. Singh, Advocate
  • Ms. Divya Tripathi, Advocate
  • Ms. Prachi Grover, Advocate
  • Ms. Sulekha Agarwal, Advocate
  • Mr. Akash Agarwal, Advocate
  • Mr. Abhishek Arora, Advocate
• For the Respondent (Wife – Ketaki Malhotra)
  • Mr. Ritwik Parikh, AOR
  • Mr. Rajat K. Mittal, Advocate
  • Ms. Heena Khatun, Advocate

Key Takeaways

• The Supreme Court reaffirmed that husbands also have an equal right to seek transfer of matrimonial cases based on convenience and justice.
• Transfer is not a women-only privilege; courts will look at location, pending cases, and practical hardship faced by men as well.
• Section 25 CPC remains a powerful safeguard for husbands against forum shopping in matrimonial litigation.
• The order recognises that forcing men to litigate in distant courts is a form of procedural harassment that must be corrected.
• This judgment strengthens the principle that matrimonial justice must be gender-neutral, balanced, and focused on fairness rather than assumptions.

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