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SHALKY GAUR v. KESHAV GOEL

Supreme Court of India | Diary 10129/2025

Status

ROP - of Main Case

Decided On

29-08-2025

Bench

HON'BLE MR. JUSTICE SANJAY KAROL and HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

Petitioner

SHALKY GAUR

Respondent

KESHAV GOEL

Primary Holding

Under Section 25 CPC, financial dependence and long-distance hardship faced by a wife constitute sufficient grounds to transfer matrimonial proceedings to a court closer to her place of residence.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO.652 OF 2025 SHALKY GAUR PETITIONER(S) VERSUS KESHAV GOEL RESPONDENT(S) O R D E R 1. This petition is filed under Section 25 of the Code of Civil Procedure seeking transfer of a case being H.M.A. No.665 of 2024 titled “Keshav Goel vs. Shalky Gaur”, pending before the Family Court at Pathankot, Punjab to the competent Court of Principal Judge, Family Court, Ghaziabad, Uttar Pradesh. 2. The ground raised by the petitioner for seeking the transfer are that she is financially dependent on her parents; and also on account of long distance she is unable to effectively defend the proceedings initiated by the respondent at Pathankot. 3. On such consideration, we are of the view that the transfer can be allowed. Consequently, the Transfer Petition is allowed. 4. Accordingly, the case being H.M.A. No.665 of 2024 titled “Keshav Goel vs. Shalky Gaur”, pending before the Family Court at Pathankot, Punjab is transferred to the competent Court of Principal Judge, Family Court, Ghaziabad, Uttar Pradesh. 1

5. The transferor Court shall forward the records pertaining to the said case to the transferee Court, as expeditiously as possible. 6. Parties are directed to appear before the concerned Court on 19 th September, 2025. 7. The Respondent-husband is permitted to attend the proceedings virtually, unless his presence is required by the trial Court. 8. Pending application(s), if any, shall stand disposed of. .....................J. (SANJAY KAROL) .....................J. ( PRASHANT KUMAR MISHRA ) NEW DELHI; 29TH AUGUST, 2025 2

ITEM NO.2 COURT NO.12 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (C) No. 652/2025 SHALKY GAUR Petitioner(s) VERSUS KESHAV GOEL Respondent(s) (IA No. 58397/2025 - EXEMPTION FROM FILING O.T. AND IA No. 58400/2025 - STAY APPLICATION) Date : 29-08-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) :Mr. Anil Kumar Sahu, Adv. Mr. Arvind Gupta, AOR Mr. Mohit Bidhuri, Adv. Mr. Kanav Bhardwaj, Adv. For Respondent(s) :Mr. Archit Vasudeva, Adv. Mr. Akash Vajpai, AOR UPON hearing the counsel the Court made the following O R D E R 1. The Transfer Petition is allowed in terms of signed order. 2. Pending application(s), if any, shall stand disposed of. (RAJNI MUKHI) (ANU BHALLA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed order is placed on the file) 3

ITEM NO.2 COURT NO.15 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (C) No. 652/2025 SHALKY GAUR Petitioner(s) VERSUS KESHAV GOEL Respondent(s) (IA No. 58397/2025 - EXEMPTION FROM FILING O.T. AND IA No. 58400/2025 - STAY APPLICATION) Date : 14-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) :Mr. Anil Kumar Sahu, Adv. Mr. Arvind Gupta, AOR Mrs. Suman Sharma, Adv. Mr. Kanav Bhardwaj, Adv. For Respondent(s) :Mr. Archit Vasudeva, Adv. Mr. Akash Vajpai, AOR UPON hearing the counsel the Court made the following O R D E R 1 Heard learned counsel on both sides. The submissions would reveal the desire of the parties to explore the possibility of a mediated settlement. 2. In such circumstances, the parties are directed to appear before the Coordinator, Supreme Court Mediation Center on 30 th May, at 11.00 a.m. The Coordinator shall appoint a Mediator to enable the parties to make an effort to settle the matter amicably. 3. Initially, the parties are permitted to appear virtually and thereafter, the parties shall appear as per the directions of the Mediator. 1

T.P.(C) No. 652/2025 4. All expenses towards travel and lodging of the wife shall be borne by the respondent-husband. 5. List the matter along with Mediation Report on 29.08.2025. (RAJNI MUKHI) (ANU BHALLA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 2

ITEM NO.87 REGISTRAR COURT SECTION IV - B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. PRADIP Y. LADEKAR Transfer Petition(s)(Civil) No(s). 652/2025 SHALKY GAUR Petitioner(s) VERSUS KESHAV GOEL Respondent(s) FOR ADMISSION Date : 29 - 04 - 2025 This petition was called on for hearing today. For Petitioner(s) : Mr. Anil Kumar Sahu, Adv. Mr. Arvind Gupta, AOR Mr. Kanav Bhardwaj, Adv. For Respondent(s) : Mr. Akash Vajpai, AOR UPON hearing the counsel the Court made the following O R D E R Mr. Archit Vasudeva, Ld. Counsel appearing for sole respondent submits that counter affidavit on behalf of said respondent has already been filed. Registry to verify and update the records. If so filed, let the matter be processed for listing before the Hon’ble Court, as per rules. If not filed, four weeks time, is granted to sole respondent to file counter affidavit. After the expiry of four weeks, let the matter be processed for listing before the Hon’ble Court as per rules. PRADIP Y. LADEKAR Registrar pm

ITEM NO.1618 COURT NO.2 SECTION IV-B 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). 652/2025 SHALKY GAUR Petitioner(s) VERSUS KESHAV GOEL Respondent(s) FOR ADMISSION IA No. 58397/2025 - EXEMPTION FROM FILING O.T. IA No. 58400/2025 - STAY APPLICATION Date : 07-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) : Mr. Anil Kumar Sahu, Adv. Mr. Arvind Gupta, AOR Mr. Kanav Bhardwaj, Adv. Mrs. Suman Sharma, Adv. For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R 1. Issue notice. 2. Until further order(s), there shall be stay of the proceedings in HMA No. 665 of 2024 titled as “Keshav Goel Vs. Shalky Gaur” pending before the Family Court at Pathankot, Punjab. (DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (NSH)

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