Rehan Khan
On 4th November, the Supreme Court granted a woman’s request to transfer several matrimonial cases filed against her husband, a judicial officer in Uttar Pradesh, from Meerut’s Family Court to the Family Court in Saket, New Delhi. The decision was made in light of concerns about potential bias due to the husband’s professional standing and connections within the Uttar Pradesh judiciary.
The woman argued that her husband’s role as a judicial officer in Uttar Pradesh could hinder her from receiving an impartial hearing in divorce and maintenance cases she had filed. She voiced apprehensions that his influence and familiarity with other judicial officials in the state could compromise the fairness of proceedings.
A Division-Bench, comprising Justice Dipankar Datta and Justice Prashant Kumar Mishra, ruled in favour of her transfer request. The bench emphasized the principle that judicial fairness must not only occur but also be perceived by the public, stating that “justice must not only be done; it must be seen to be done.” The Court further noted that a similar sentiment had been echoed by another bench earlier in February 2024 when the transfer petition was initially reviewed.
Additionally, at the husband’s request, the Supreme Court ordered that the custody proceedings regarding their minor son also be moved to the Saket family court. This decision ensures that all related cases are centralized in one jurisdiction, aiming for transparency and fairness in handling the family’s legal matters.
Case Title: Reenu Wagav vs. Siddhartha Wagav
Case Number: Matrimonial Case No.2552/2019
Bench: Justice Dipankar Datta and Justice Prashant Kumar Mishra