When Justice Must Appear Impartial: Apex Court Moves Case Beyond Delhi Courts.


30 October 2025 Marriage Law >> Family Law  

In a recent order, the Supreme Court of India ordered the transfer of two matrimonial proceedings from Delhi's Karkardooma Court to the district of Gautam Buddha Nagar, Uttar Pradesh, after the husband sought a transfer by citing apprehension of bias and personal safety.

The petitions were filed by Ujjawal Kishore Dixit seeking transfer of pending cases instituted by his wife, Preety Dixit. The petitioner had argued that the respondent's close relatives—her brother-in-law being a judge and her brothers practicing as advocates—were associated with the Karkardooma court complex and thus there was a reasonable apprehension of influence and bias. Allegations of physical assault were also raised to strengthen the plea for transfer.

The petitioner had, in the beginning, urged transfer of the case to Pune, but later agreed to transfer the cases to Gurugram, which falls within the National Capital Region. However, the respondent referred to various logistic and professional difficulties for counsel appearing for her outside Delhi and suggested that the cases could be transferred to Gautam Buddha Nagar.


 

 


With a balanced view on both concerns, the Bench comprising Justice Manoj Misra and Justice Ujjal Bhuyan ordered that the proceedings be transferred from the Family Court and Mahila Court at Karkardooma to a competent court in Gautam Buddha Nagar. The District Judge of that area has been directed to assign the matters to an appropriate court within his jurisdiction.

The Court also dealt with an ancillary issue regarding interim maintenance. It was pointed out that by an earlier direction dated 16 July 2025, the petitioner was directed to deposit maintenance amounts, which according to the respondent, he had not done. The petitioner, however, contended that the payments had been made and were willing to demonstrate the same before the court below. The Bench said that any dispute about the compliance of the order of maintenance shall be dealt with by the transferee court.

In a practical gesture of convenience, the Supreme Court clarified that both parties may appear through video conferencing where personal presence is not insisted upon. This order underlines the judiciary's re-echoed priority to ensure fairness and eradicate even the slightest perception of partiality. By changing the venue to a more neutral district, the Court has reinforced the conception that justice should not only be done but also seen to be done, in cases involving sensitive matrimonial disputes where personal relationships more often than not entwine with institutional integrity.