Supreme Court Permits Transfer of Matrimonial Case Filed by Judge’s Wife in UP

The wife raised apprehension that due to connections of her husband with other judicial officers in State, she is unlikely to get fair treatment from court in divorce and maintenance cases instituted by her.

The Supreme Court recently granted a plea from a woman requesting the transfer of matrimonial cases she had filed against her husband from Uttar Pradesh to Delhi, considering that her husband serves as a judicial officer in Uttar Pradesh [Reenu Wagav v. Siddhartha Wagav].

The woman sought to move the cases from the family court in Meerut, Uttar Pradesh, to the family court in Saket, New Delhi.

She expressed concerns that, given her husband’s position and connections with other judicial officers in Uttar Pradesh, she may not receive fair treatment in the divorce and maintenance cases she has filed.

Acknowledging these concerns, a division bench comprising Justice Dipankar Datta and Justice Prashant Kumar Mishra granted the wife’s transfer request.

The Court emphasized that justice must not only be done but also appear to be done.

“The respondent is a judicial officer belonging to the Uttar Pradesh Higher Judicial Service and because of his position and proximity with other judicial officers, the petitioner apprehends that while contesting the divorce case instituted by the respondent and also in pressing her claim for maintenance, she is unlikely to get a fair treatment from the Court. The same sentiment was expressed by a coordinate Bench of this Court on 16th February, 2024, when this transfer petition was entertained. Justice must not only be done; it must be seen to have been done. Bearing in mind this universal truth, we see no reason to decline the prayer for transfer,” the Court noted in its November 4 order.

Additionally, at the husband’s request, the Court also transferred the custody case of their minor son to the family court in Saket, along with the other cases.