Supreme Court – Daily Orders
Yogita Mishra vs Kumar Chandra Mauli on 21 August, 2025
Author: Dipankar Datta
Bench: Dipankar Datta
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (Civil) No. 146/2025
YOGITA MISHRA PETITIONER
VERSUS
KUMAR CHANDRA MAULI RESPONDENT
ORDER
1. Read the office report dated 19th August, 2025.
2. This transfer petition, under Section 25 of the Code of Civil
Procedure, 1908, has been presented by the petitioner-wife,
Yogita Mishra.
3. The marriage between the petitioner and the respondent-
husband, Kumar Chandra Mauli, was solemnized on 06 th June,
2023 as per Hindu rites and rituals. 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 9
of the Hindu Marriage Act, 1955, bearing Matrimonial Case
No.228 of 2024 titled “Kumar Chandra Mauli v. Yogita Mishra” in
the court of 17th Principal Judge, Family Court, Bhadohi, Uttar
Signature Not Verified
Digitally signed by
Pradesh.
rashmi dhyani pant
Date: 2025.08.23
12:37:05 IST
5. On the multiple grounds urged in the petition, the petitioner
Reason:
has sought for transfer of the aforesaid proceedings from the
court of 17th Principal Judge, Family Court, Bhadohi, Uttar
Pradesh to the Family Court at Karkardooma, New Delhi.
6. We have heard Mr. Rahul Joshi, learned counsel appearing
for the petitioner as well as Ms. Rita Jha, learned counsel
appearing for the respondent.
7. It appears that a contempt petition, filed by the respondent
against the petitioner, and a complaint filed by the petitioner
under Section 498A of the Indian Penal Code, 1860 and under
the Protection of Women from Domestic Violence Act, 2005 are
also pending against the respondent in Delhi. Also, the petitioner
is residing in Delhi, which is at a distance of 759 kilometers from
Bhadohi, Uttar Pradesh.
8. It would, therefore, be just and proper and also expedient in
the interest of justice if the instant transfer petition is allowed.
9. Hence, the transfer petition is allowed. Matrimonial Case
No.228 of 2024 titled “Kumar Chandra Mauli v. Yogita Mishra”
pending before the 17th Principal Judge, Family Court, Bhadohi,
Uttar Pradesh is transferred to the Family Court at Karkardooma,
New Delhi. Records of Matrimonial Case No.228 of 2024 be
transferred to the transferee court immediately.
10. To avoid delay, the parties are directed to appear before
the transferee court on 11th September, 2025. If any or both the
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parties fail to appear on that day, the presiding officer of the
transferee court will fix another date for appearance. Thereafter,
he shall be free to proceed in accordance with law.
11. 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, nothing
shall preclude the presiding officer to take the proceedings to its
logical conclusion on its merits and in accordance with law.
12. 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 presiding officer of the court may proceed to
consider it reasonably.
13. Pending application(s), if any shall stand disposed of.
…………………………………….J.
(DIPANKAR DATTA)
………………………………………J.
(AUGUSTINE GEORGE MASIH)
New Delhi;
August 21, 2025.
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ITEM NO.3 COURT NO.7 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).146/2025
YOGITA MISHRA Petitioner
VERSUS
KUMAR CHANDRA MAULI Respondent
(With I.A. No.15617/2025-EXEMPTION FROM FILING O.T. and I.A. No.
15616/2025-STAY APPLICATION)
Date : 21-08-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIHFor Petitioner(s) :Mr. Rahul Joshi, AOR
Mr. Abdulrahiman Tamboli, Adv.
Mr. Saroj Jha, Adv.
For Respondent(s) :Ms. Rita Jha, AOR
Mr. Prabhash Kumar Jha, Adv.
Mr. Adarsh Pushpam, Adv.
Mr. Kumar Vikramaditya, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The transfer petition is allowed 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 order is placed on the file)
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