Supreme Court – Daily Orders
Kajal Sharma vs Magnanil Goswami on 31 July, 2025
Bench: Surya Kant, Dipankar Datta
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No. 1564 of 2025
KAJAL SHARMA PETITIONER
VERSUS
MAGNANIL GOSWAMI RESPONDENT
O R D E R
1. The petitioner-wife seeks transfer of Misc. Judicial Case
No.09 of 2025, titled as “Magnanil Goswami vs. Kajal Sharma”, filed
by the respondent-husband under Section 12 of the Guardians and
Wards Act, 1890, seeking custody of a child, who is barely six
months old (at the time of filing of the petition), having been
born on 07.12.2024. The above-stated case is pending before the
Court of District Judge, Jalpaiguri, West Bengal and the
petitioner-wife seeks transfer thereof to the Court of Principal
Judge, Family Court, Dehradun, Uttarakhand.
2. The marriage between the parties was solemnized on
27.10.2022 at Dehradun (Uttarakhand). Post marriage, the parties
lived in Dineshpur, District Rudarpur, Uttarakhand in a rented
accommodation. Thereafter, the respondent-husband purchased a land
and shifted to Jalpaiguri, West Bengal and allegedly forced the
petitioner to leave her job and move with him. The respondent-
husband, thereafter, allegedly started harassing the petitioner-
wife and sold all her belongings. Consequently, on 24.10.2024, the
petitioner-wife moved to her parental house in Dehradun and has
Signature Not Verified
Digitally signed by
SATISH KUMAR YADAV
been living there. She was in family way and gave birth to a male
Date: 2025.08.06
17:53:23 IST
Reason:
child on 07.12.2024.
3. The petitioner-wife then lodged a complaint on 21.12.2024
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with the Women’s Helpline in Dehradun against harassment by the
respondent-husband. Nehru Colony Police Station then took
cognizance and registered FIR No. 0164/2025 against the respondent-
husband under Section 3/4 of the Dowry Prohibition Act and Sections
323, 498A and 504 IPC. It is in this backdrop that the respondent-
husband has filed the subject petition seeking custody of the minor
child.
4. As per the Office Report dated 30.07.2025, service is
complete on the respondent-husband. However, no one has entered
appearance on his behalf so far.
5. Heard learned counsel for the petitioner-wife and
carefully perused the material placed on record.
6. As the facts would speak for themselves, the instant
petition, prima facie, has been filed to harass the petitioner-wife
by seeking the custody of a breast-feeding baby. On a pointed
query, counsel for the petitioner-wife informs that no interim
maintenance has ever been paid by the respondent-husband to the
petitioner-wife and the minor child.
7. Taking into consideration the hardships which are likely
to be faced by the petitioner-wife in contesting the case at
Jalpaiguri, West Bengal, we deem it appropriate to allow the
instant petition.
8. The Transfer Petition is, accordingly, allowed, Misc.
Judicial Case No.09 of 2025, titled as “Magnanil Goswami vs. Kajal
Sharma”, filed by the respondent-husband under Section 12 of the
Guardians and Wards Act, 1890, which is pending before the Court of
District Judge, Jalpaiguri, West Bengal is ordered to be
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transferred to the Court of Principal Judge, Family Court,
Dehradun, Uttarakhand.
9. The Family Court, Dehradun, Uttarakhand is directed to
determine the interim maintenance, to be paid by the respondent-
husband to the petitioner-wife and their child, with effect from
the date of filing of the above-mentioned petition. The interim
maintenance shall be determined within one month from the date of
receipt of record. The respondent-husband shall be permitted to
contest the petition only if the arrears of maintenance are paid
and he undertakes to pay the same to the petitioner-wife by 7 th day
of every English calendar month.
10. The fixation of interim maintenance shall be without
prejudice to the rights of the parties for determination of such
claim in the appropriate proceedings under Section 125 Cr.P.C.
Ordered accordingly.
11. If the respondent-husband does not pay the interim
maintenance to the petitioner-wife, the Family Court shall dismiss
the petition for non-prosecution.
12. Pending interlocutory applications also stand disposed of.
…………………….J.
(SURYA KANT)
…………..……………J.
(DIPANKAR DATTA)
…………..……………J.
(NONGMEIKAPAM KOTISWAR SINGH)
NEW DELHI;
JULY 31, 2025.
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ITEM NO.15 COURT NO.2 SECTION XVI
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).1564/2025
KAJAL SHARMA Petitioner(s)
VERSUS
MAGNANIL GOSWAMI Respondent(s)
FOR ADMISSION
IA No. 134874/2025 – EX-PARTE STAY
IA No. 134875/2025 – EXEMPTION FROM FILING O.T.
Date : 31-07-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGHFor Petitioner(s) Ms. Shaifali Singh, Adv.
Ms. Akansha, AOR
Mr. Himanshu Pal, Adv.
Mr. Gurrick Jassar, Adv.
Ms. Sonia Sharma, Adv.
For Respondent(s) None
UPON hearing the counsel the Court made the following
O R D E RThe Transfer Petition is allowed in terms of the signed
order.
Pending interlocutory applications also stand disposed
of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
ADDITIONAL REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)