Supreme Court of India
SHILPI BANSAL VS. SHUBHAM GARG on 27 October 2026
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2524 OF 2026
SHILPI BANSAL
...PETITIONER
Versus
SHUBHAM GARG
...RESPONDENT
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O R D E R
The Transfer Petition is to transfer Matrimonial Case No.590 of 2024 filed by the respondent-husband for divorce under Section 13(1)(i-a) of Hindu Marriage Act, 1955, titled Shubham Garg v. Smt. Shilpi Bansal w/o Shubham Garg, pending before the Principal Judge, Family Court, Baghpat, Uttar Pradesh to the Court of Learned Principal Judge, Family Court, Karkardooma, New Delhi.
2. We were told on the last date that there was a settlement between the parties and, hence, we directed both the husband and the wife to be personally present before us. On going through the settlement, we were not happy, especially, since the mother had willingly given up the custody of the two minor children aged 13 and 9 years to the father and she also categorically conceded that she had no monetary claim. We, hence, directed the parties to be present before us for interaction in the Committee Room. Digitally signed by VISHAL ANAND Date: 2026.10.28 17:28:24 IST
Reason:
Signature Not Verified
3. We first interacted with the petitioner-wife and then with the respondent-husband as also with the learned Counsel appearing for the parties. We were appalled by the allegations made by the petitioner- wife, especially, regarding the threats levelled against her based on video footages. In fact, when we separately talked with the respondent- husband, his contention was that he had evidence by way of video footage to indicate the infidelity of the petitioner-wife. This confirms the allegation raised by the wife against the husband. We were convinced that there was no settlement possible with our intervention and we were not inclined to accept the settlement as placed before us.
4. Hence, we reject the settlement and allow the transfer of Matrimonial Case No.590 of 2024 filed by the respondent-husband for divorce under Section 13(1)(i-a) of Hindu Marriage Act, 1955, from Principal Judge, Family Court, Baghpat, Uttar Pradesh to the Court of Learned Principal Judge, Family Court, Karkardooma, New Delhi, wherein, we are told, a petition is pending as Guardianship Case No.GP/01/2026. We request the Family Court, Karkardooma, New Delhi, to take up both the matters together and also enable a maintenance case to be filed by the wife, who has the custody of the children. The wife shall be provided with effective and quality legal services.
5. In the meanwhile, considering the status of the parties, the wife being unemployed and left to fend for herself and her children, whereas the petitioner is having two shops inside Delhi, we are of the opinion that a maintenance of Rs.15,000/- should be paid every month to the wife and two children from the month of November, 2026, which shall be paid within the 5th of every month thereafter; subject only to the orders to be passed in the maintenance case now directed to be initiated by the Family Court.
6. We make it clear that the Family Court shall not proceed with the matter unless the maintenance is paid every month.
7. We also caution the respondent-husband from uploading or making viral any video footage with respect to the petitioner-wife, in which event, the petitioner-wife would be entitled to move this Court directly by an application in the above disposed of petition. Learned Counsel appearing for the petitioner-wife, appointed by the Legal Services Authority, has fairly consented to assist her, if such need arises.
8. The Transfer Petition is allowed with the above direction.
9. Pending application(s), if any, shall stand rejected. .......…….……………………. J.
(J. B. PARDIWALA) ....……….……………………. J. (K. VINOD CHANDRAN) NEW DELHI; OCTOBER 27, 2026.
ITEM NO.39 COURT NO.5 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(Civil) No.2524/2026 SHILPI BANSAL Petitioner(s) VERSUS SHUBHAM GARG Respondent(s) (IA No. 253289/2026 - EXEMPTION FROM FILING O.T. & IA No. 253288/2026 - STAY APPLICATION)
Date : 27-10-2026 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Petitioner(s) : Mr. Kunal Chatterji, AOR For Respondent(s) : Mr. Sunil Kumar, Adv. Mr. Anilendra Pandey- 2501, AOR UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer Petition is allowed, in terms of the signed order.
2. Pending application(s), if any, shall stand rejected. (VISHAL ANAND) (POOJA SHARMA) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed Order is placed on the file)