On December 22nd, the Supreme Court of India rejected a transfer petition filed by a wife who had sought to move the guardianship proceedings initiated by her husband from the Civil Judge, Senior Division, Chandigarh to the Family Court, West District, New Delhi.

The matter was heard before the single-headed bench of Justice Dipankar Datta.

In her application, the petitioner-wife expressed concerns about a potential job transfer, which led her to request the relocation of the case to a court closer to her workplace. On the contrary, the respondent-husband, represented by his legal counsel, vehemently opposed the transfer. He underscored the existing custody arrangement for the child and the child's current residence in Chandigarh as compelling reasons against the transfer.

In his order, Justice Dipankar Datta emphasized the importance of taking into account the well-being and best interests of the child in such cases.

“The interest of the child being of paramount importance, at this stage, this Court finds no reason to grant the prayer for transfer.”

The Court’s decision underscored that transfer petitions should not be granted solely on the basis of assumptions and apprehensions of the parties involved. Instead, it emphasized the need to prioritize the best interests of the child when deciding such matters.