Supreme Court Objects to Repeated Transfer Petitions in Matrimonial Case


In a significant ruling, the Supreme Court of India recently dismissed a transfer petition filed by a woman in a matrimonial dispute, emphasizing the need to balance the rights of all parties involved. The case, Isha Agarwal v. Anuj Agarwal, was heard by a Division Bench comprising Justices Prashant Kumar Mishra and K.V. Viswanathan. The Bench highlighted concerns regarding the fairness of allowing transfer petitions each time the petitioner changed her residence.

Case Background

Isha Agarwal, the petitioner, sought the transfer of her matrimonial case from one city to another. This was not her first request; she had filed multiple transfer petitions previously, each time following a change in her place of residence. This pattern of frequent relocation and subsequent transfer requests prompted the Supreme Court to scrutinize the fairness and implications of such actions.

Judicial Observations

During the proceedings, the Division Bench made several critical observations:

  1. Frequent Relocations: The Bench noted that Isha Agarwal’s frequent changes in residence led to repeated transfer petitions, which the Court found problematic.
  2. Fairness and Balance: Justice Mishra questioned the fairness of allowing such petitions, asking, “How can this be possible that you keep on shifting places and then come again and again and seek transfer at your ease. How is it balancing the other party’s right?”
  3. Balancing Rights: The Court stressed the importance of balancing the rights of both parties involved in matrimonial disputes. Repeatedly granting transfer petitions based on one party’s changing residence could unfairly disadvantage the other party.

Court’s Decision

The Supreme Court ultimately dismissed the transfer petition. The decision underscores the judiciary’s stance on maintaining a fair balance in matrimonial disputes, preventing potential misuse of legal provisions that allow for the transfer of cases. The ruling sends a clear message that the convenience of one party should not override the rights and interests of the other party.


This ruling has broader implications for matrimonial disputes and the use of transfer petitions in the Indian legal system:

  • Judicial Caution: Courts are likely to exercise greater caution when considering transfer petitions, especially in cases where one party frequently relocates.
  • Equitable Justice: The decision reinforces the principle of equitable justice, ensuring that both parties in a dispute are treated fairly.
  • Preventing Abuse: By setting a precedent against repeated transfer petitions, the Supreme Court aims to prevent potential abuse of the legal process.


The Supreme Court’s dismissal of Isha Agarwal’s transfer petition highlights the judiciary’s commitment to balancing the rights of all parties in matrimonial disputes. The ruling serves as a reminder that legal provisions for transferring cases should be used judiciously and not as a tool for convenience at the expense of fairness and justice

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