Rupam Tiwari vs Atul Rai

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (Civil) No. 338/2025

RUPAM TIWARI PETITIONER

VERSUS

ATUL RAI RESPONDENT

ORDER

1. Read the office report dated 15th December, 2025.

2. This transfer petition, under Section 25 of the Code of Civil

Procedure, 1908, has been presented by the petitioner-wife, Rupam

Tiwari.

3. The marriage between the petitioner and the respondent-

husband, Atul Rai, was solemnized on 05 th March, 2023 as per Hindu

rites and customs. No child is born to the petitioner and the

respondent from the wedlock. However, the parties have since

drifted apart owing to differences arising by and between them.

4. The respondent has instituted proceedings under Section 13(1)

(i-a) of the Hindu Marriage Act, 1955, bearing Petition No.1140/2024

titled “Atul Rai V. Rupam Tiwari” in the court of the Principal Family

Judge, Varanasi, Uttar Pradesh.

5. On the multiple grounds urged in the petition, the petitioner has Signature Not Verified Digitally signed by sought for transfer of the aforesaid proceedings from the court of the rashmi dhyani pant Date: 2025.12.23 16:37:12 IST

Principal Family Judge, Varanasi to the Family Court, Bhojpur, Ara, Reason:

Bihar.

6. We have heard learned counsel for the parties.

7. We are satisfied, having regard to the inconvenience the

petitioner is likely to face if the proceedings were continued in the

court of the Principal Family Judge, Varanasi, Uttar Pradesh, that

interest of justice demands grant of the prayer for transfer.

8. Hence, the transfer petition is allowed. Petition No.1140/2024

titled “Atul Rai v. Rupam Tiwari” pending before the Principal Family

Judge, Varanasi, is transferred to the Family Court, Bhojpur, Ara,

Bihar. Records of Petition No.1140/2024 be transferred to the

transferee court immediately.

9. To avoid delay, the parties are directed to appear before the

transferee court on 05th February, 2026. If any or both the parties fail

to appear on that day, the presiding officer of the transferee court

will fix another date of appearance. Thereafter, he shall be free to

proceed in accordance with law.

10. Notwithstanding that mediation has failed, the presiding officer

of the transferee court shall endeavour to bring about a settlement

between the parties through the process of mediation. If the process

is unsuccessful once again, nothing shall preclude the presiding

officer to take the proceedings to its logical conclusion on its merits

and in accordance with law.

11. If the respondent is unable to attend the proceedings in person

on any occasion, he will be at liberty to seek permission to attend

through the virtual mode and if such a permission is sought, the

2 presiding officer of the court may proceed to consider it reasonably.

12. Pending application(s), if any, shall stand disposed of.

.............................................J. (DIPANKAR DATTA)

...........................................J. (AUGUSTINE GEORGE MASIH)

New Delhi;

December 16, 2025.

3 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (Crl.) No.687/2025

ATUL RAI & ANR. PETITIONERS

VERSUS

RUPAM TIWARI RESPONDENT

WITH

TRANSFER PETITION (Crl.) No.1095/2025

ATUL RAI PETITIONER

VERSUS

RUPAM TIWARI RESPONDENT

ORDER

1. Heard learned counsel appearing for the parties.

2. We are not inclined to entertain these transfer petitions,

viz. Transfer Petition (Crl.) No.687/2025 seeking transfer of

Complaint Case No.253 of 2024 from the court of the Sub-

Divisional Magistrate, Bhojpur, Ara to the court of the Sub-

Divisional Magistrate, Varanasi, Uttar Pradesh, and Transfer

Petition (Crl.) No.1095/2025 seeking transfer of Maintenance

Case No.39 of 2024 from the court of the Principal Judge,

4 Family Court, Bhojpur, Ara to the Family Court, Varanasi, Uttar

Pradesh.

3. The transfer petitions are, accordingly, dismissed.

4. Pending application(s), if any, shall stand disposed of.

……………………………………..J. [DIPANKAR DATTA]

………………………………………J. [AUGUSTINE GEORGE MASIH]

NEW DELHI;

December 16, 2025.

5 ITEM NO.1+43 COURT NO.8 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Transfer Petition(s)(Civil) No(s).338/2025

RUPAM TIWARI Petitioner

VERSUS

ATUL RAI Respondent

[MEDIATION REPORT RECEIVED] I.A. No.92280/2025-EXEMPTION FROM FILING O.T. I.A. No.32121/2025-EXEMPTION FROM FILING O.T. I.A. No.32120/2025-STAY APPLICATION

WITH T.P.(Crl.) No. 687/2025 (II-A) FOR ADMISSION I.A. No.176692/2025-EX-PARTE STAY I.A. No.176693/2025-EXEMPTION FROM FILING O.T.

WITH

Item No.43

Transfer Petition(s)(Criminal) No(s). 1095/2025 [TO BE TAKEN UP ALONG WITH ITEM NO. 1 I.E. T.P.(C) No. 338/2025] I.A. No.307582/2025-EX-PARTE STAY I.A. No.307583/2025-EXEMPTION FROM FILING O.T.

Date : 16-12-2025 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

For Petitioner(s) :Mr. Jeewesh Prakash, AOR Mrs. Ritu Dubey, Adv.

Mr. Sankalp Srivastava, Adv.

Mr. R Satish Kumar, Adv.

Ms. V Shushetha, Adv.

Mr. Yashasvi Sharma, Adv.

Mr. Jatin, AOR

6 For Respondent(s) :Mr. Jeewesh Prakash, AOR Ms. Ritu Dubey, Adv.

Mr. Sankalp Srivastava, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. Transfer Petition (C) No. 338/2025 is allowed & T.P.(Crl.) No.

687/2025 & Transfer Petition(s)(Criminal) No(s). 1095/2025 are dismissed

in terms of the signed order.

2. Pending application(s), if any, shall stand disposed of.

(RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA) ASST. REGISTRAR-CUM-PS COURT MASTER (NSH) (signed orders are placed on the file)

7