(B.R. Gavai, C.J. and Augustine George Masih, J.)
Transfer Petition (C) No. 2367 of 2023, decided on July 22, 2025
Shivangi Bansal ____________________________________ Petitioner;
v.
Sahib Bansal _____________________________________ Respondent.
With
T.P. (Crl.) No(s). 631-633/2023
SLP (Crl.) No. 7869/2022
SLP (Crl.) No. 11848/2022
SLP (Crl.) No. 2282/2023
Transfer Petition (C) No. 2367 of 2023; T.P. (Crl.) No(s). 631-633/2023; SLP (Crl.) No. 7869/2022; SLP (Crl.) No. 11848/2022; and SLP (Crl.) No. 2282/2023§
The Judgment of the Court was delivered by
Augustine George Masih, J.:—
1. The Transfer Petition (C) No. 2367 of 2023 has been filed by the wife – Shivangi Bansal/Shivangi Goel for transfer of HMA No. 1395/2020, titled as “Sahib Bansal v. Shivangi Bansal” seeking transfer of the case from the Principal Judge, Family Court, Rohini Court, Delhi to the Court of competent jurisdiction at Hapur (Uttar Pradesh). On the other hand, TP (Crl.) No. 631-633 of 2023 is filed by the husband Sahib Bansal seeking transfer of (i) ST 19/2020 arising out of FIR No. 567/2018 lodged at PS Pilakhwa, Hapur titled State v. Manju Bansal pending before Additional District and Sessions Judge, Fast Track Court-I, Hapur; (i) CC No. 248/2019 under the DV Act titled as “Shivangi Bansal v. Sahib Bansal” pending before the Judicial Magistrate First, Hapur, UP and (iii) Complaint No. 3692/2020 u/s 406 IPC titled as “Shivangi Bansal v. Sahib Bansal” pending before the CJM, Hapur Court, UP, to the competent District Court Rohini in Delhi.
2. Additionally, SLP(Crl.) No. 7869 of 2022 and 11848 of 2022 have been filed by Shivangi Bansal/Shivangi Goel against the order dated 13.06.2022 passed by the High Court of Allahabad, allowing the revision petitions filed by Mukesh Bansal (father of Sahib Bansal/Cr. Revision no. 1122 of 2022) and Manju Bansal (mother of Sahib Bansal/Cr. Revision no. 1187 of 2022), respectively. Further, SLP(Crl) No. 2282/2023 has been filed by Sahib Bansal against the order dated 13.06.2022 passed by the Hon’ble High Court of Allahabad rejecting the revision filed by Sahib Bansal (Cr. Revision no. 1126 of 2022).
3. The brief facts leading to the petitions are as follows:
3.1 The petitioner-wife and Respondent-husband were married on 05.12.2015 at the Umrao Farmhouse, Delhi as per Hindu rites and customs. A daughter namely Ms. Raina (minor) was born out of the wedlock on 23.12.2016 at Fortis Hospital, Shalimar Bagh, New Delhi, who is presently 8 years old. After their marriage, the parties resided at 44, Kapil Vihar, Pitampura, Delhi- 110034, which was their matrimonial home along with the parents of the husband/Sahib Bansal and thereafter, from 30.04.2017 the parties along with their daughter started residing at 130, Rajdhani Enclave, Pitampura Delhi 110034.
3.2 Owing to matrimonial discord and several disputes arising between the parties and their family members, they separated on 04.10.2018, and since then they have been living separately.
4. After their separation, the parties have filed several cases/complaints/legal proceedings etc. against each other and their family members before various Courts/Authorities, out of which several cases/complaints/proceedings are pending, the details whereof are provided hereinbelow.
4A. Case(s) filed by the Wife against the Husband and his family members/relatives:
i. State v. Manju Bansal (FIR No. 567/2018): Criminal case under IPC Sections 498A, 323, 504, 506, 307, 376, 511, 120B, 377, 313, 342 and Sections 3 & 4 of the Dowry Prohibition Act; pending before the Additional Sessions Judge, Fast Track Court-1, Hapur, UP.
ii. Shivangi Bansal v. Sahib Bansal (CC No. 248/2019): Domestic Violence case under Section 12 of the Protection of Women from Domestic Violence Act filed before Judicial Magistrate First, Hapur, UP.
iii. Shivangi Bansal v. Sahib Bansal (CC No. 285/2020): Continued domestic violence proceedings pending before Judicial Magistrate, Fast Track Second, Hapur, UP.
iv. Shivangi Bansal v. Sahib Bansal (CC No. 769/2019): Separate DV case against family members of Sahib Bansal pending before Judicial Magistrate, Fast Track Second, Hapur, UP.
v. Shivangi Bansal v. Sahib Bansal A227 (7618/2021) Complaint under Section 406 IPC): Criminal complaint for criminal breach of trust pending before Chief Judicial Magistrate, Hapur, UP.
vi. Shivangi Bansal v. State of UP (Complaint Case No. 3692/2020): complaint filed by Shivangi Bansal under Section 406 IPC pending before Chief Judicial Magistrate, Hapur, UP.
vii. Shivangi Bansal v. Sahib Bansal (Case No. 136/2019): Petition under Section 125 CrPC seeking maintenance for minor daughter pending before Family Court, Hapur, UP.
viii. Shivangi Bansal v. Sahib Bansal (Divorce Petition No. 730/2022): Petition under Section 13(1) of the Hindu Marriage Act seeking divorce; filed before Principal Judge, Family Court, Hapur.
ix. Shivangi Bansal v. Sahib Bansal (Transfer Petition (C) No. 2367/2023): Petition seeking transfer of HMA No. 1395/2020 from Family Court, Rohini, Delhi to Family Court, Hapur; pending before Supreme Court of India.
x. Shivangi Bansal v. State of UP (SLP (Crl.) No. 7869/2022): Special Leave Petition challenging Allahabad High Court’s order quashing FIR against Mukesh Bansal (father-inlaw); pending before the Supreme Court.
xi. Shivangi Bansal v. State of UP (SLP (Crl.) No. 11848/2022): Special Leave Petition challenging Allahabad High Court’s order quashing FIR against Manju Bansal (mother-inlaw); pending before the Supreme Court.
xii. Shivangi v. State of NCT of Delhi (MC No. 4588/2023, Crl MA 17543/2023): Petition filed before the Delhi High Court for quashing FIR No. 816/2021 (PS Subhash Place) filed by husband against wife’s family.
xiii. Income Tax Notice – Mukesh Bansal (ITBA/INV/S/131/2023-24/1055092506(1)152): Income Tax Investigation Notice issued by DDIT/ADIT (INV)-7(2), New Delhi.
xiv. Income Tax Notice – Manju Bansal (ITBA/INV/S/131/2023-24/1055092442(1)153): Income Tax Investigation Notice issued by DDIT/ADIT (INV)-7(2), New Delhi.
xv. Income Tax Notice – Chirag Mukesh Bansal (ITBA/INV/S/131/2023-24/1055002405(1)153): Income Tax Investigation Notice issued by DDIT/ADIT (INV)-7(2), New Delhi.
4B. Case(s) filed by the Husband against the Wife and her family members/relatives:
i. State v. Gaurav Goel & Shivangi Bansal – FIR No. 816/2021, criminal case under IPC Sections 365, 323, 341, 506, and 34, pending in Mahila Court, Rohini, Delhi, with charge framed.
ii. State v. Satish Mittal – FIR No. 583/2022, filed under IPC Sections 354, 385, 506, 509, and 34 at PS Subhash Place, Delhi.
iii. Mukesh Bansal v. Shivangi Bansal – Ct Case No. 8101/2022, criminal complaint under Sections 200/156 CrPC for defamation under Sections 500 and 501 IPC, pending before Chief Judicial Magistrate, Rohini.
iv. Sahib Bansal v. Shivangi Bansal – HMA No. 1395/2020, divorce petition under Section 13(1) of the Hindu Marriage Act, pending in Family Court, Rohini.
v. Sahib Bansal v. Union of India – WP(Q) No. 1470/2023, writ petition filed in Delhi High Court challenging IPS candidature of wife.
vi. Cr. Case No. 402/2019, PS Pilkhuwa, Hapur, UP; Criminal case against Rajesh Goel & Ors. under Sections 323, 504, 506 & 294 IPC.
vii. Sahib Bansal v. Shivangi Bansal – Guardianship Case No. 47/2024, petition under Sections 7 and 25 of the Guardianship and Wards Act, pending in Family Court, Rohini.
viii. Sahib Bansal v. State of UP – TP(Crl) 631-633/2023, transfer petition in Supreme Court seeking transfer of three cases from Hapur, UP to Rohini, Delhi; matter pending.
ix. Sahib Bansal v. State of UP – SLP (Crl) 2282/2023, special leave petition against Allahabad High Court order rejecting criminal revision; pending in Supreme Court.
x. Sahib Bansal v. State of UP – SLP (C) D No. 35261/2024, civil special leave petition against maintenance order passed by Allahabad High Court, pending in Supreme Court.
4C. Additionally, there are incidental matters/cases/proceedings filed by third parties in view of the matrimonial discord between the parties. These are:
i. Complaint Case No. 07/2020, Filed under Sections 323, 324, 325, 356, 504, 506 IPC and 3(1)(10) of SC/ST Act at PS Hapur Nagar by Vijay Pal Gautam, Advocate in Hapur, UP.
ii. Complaint Case No. 09/2022, Babita v. Chirag Bansal filed under Sections 323, 354B, 376, 511, 504, 506 IPC and 3(1)(10) of SC/ST Act at PS Hapur Nagar. Court: High Court of Allahabad, UP.
iii. Defamation Case No. 799/2023, Filed by Satish Kumar Mittal v. Chirag Bansal, Mukesh Bansal, Manju Bansal before CJM, Hapur. Criminal Revision No. 170/2024 filed before District & Sessions Judge, Hapur, UP. –
iv. OS No. 15/2020, Land dispute between SBM Developers (P) Ltd. and Sandhya Goel pending before Civil Judge (JD), Khair, Aligarh, UP.
v. Civil Revision No. 97/2024, Land dispute between Sandhya Goel and SBM Developers (P) Ltd. pending before District Courts, Aligarh, UP.
5. Both parties wish to amicably resolve all disputes, including matters of child custody, and settle all pending litigations as mentioned in Para 4 above with full and final satisfaction to avoid any future litigation and maintain peace between them, in the present proceedings itself.
6. Heard Mr. Sidharth Luthra, learned senior counsel for the wife and Mr. Vikas Singh, learned senior counsel for the husband.
7. Considering the facts and circumstances of the case as also the submissions advanced the ends of justice will be served by making the following observations and directions.
8. We have seen that since the separation of the parties on 04.10.2018, their daughter, Ms. Raina has been under the custody of the mother/Shivangi Bansal/Shivangi Goel. In that view of the matter, it is hereby ordered that the mother shall have the custody of the child. The father, Sahib Bansal and his family shall have supervised visitation rights to meet the child for the first three months and thereafter based on the comfort and wellbeing of the minor girl child, Ms. Raina, on the first Sunday of every month at the place of education of the child from 9:00 AM to 5:00 PM, or as permitted under the rules and regulations of the school. They shall have the right to spend half of the child’s vacations period with the child. Neither of the parties shall, in any manner, create any hindrance or impediment in the visitation rights. The parties are directed to conduct themselves in a manner that is conducive to the well-being and emotional health of the minor child and to extend their full cooperation in ensuring the smooth implementation of the above arrangement. In case of any difficulty/change/dispute regarding the visitation, both the parties shall consult through the good offices of their respective counsels; it has been agreed by the parties to authorise Mr. Sudarshan Rajan (on behalf of Ms. Shivangi Bansal/Shivangi Goel) and Mr. Sanjeet Trivedi (on behalf of Mr. Sahib Bansal) to mediate and resolve issues if any in this regard.
9. Considering the fact that the Wife has voluntarily agreed to forgo and waive her claim to any alimony or maintenance from the husband and that she shall have no claim over any moveable and immoveable property owned and possessed by the husband and his family members or any such property that may be owned and possessed by the husband and his family members in the future, no order for maintenance is being passed in favor of the Wife.
10. As the wife has voluntarily agreed to take care of all the expenses of the daughter and would thus not claim any maintenance amount from the husband for the maintenance of the daughter, the order of maintenance of Rs. 1,50,000/- per month as passed by the High Court of Allahabad, Uttar Pradesh directing the husband to pay to the wife for the maintenance of the child, shall not be executed by the wife and is hereby quashed.
11. To bring an end to the protracted legal battle between the parties and to secure complete justice, all pending criminal and civil litigations filed by either party against the other, including but not limited to those against the Wife, the Husband, and his family members, in any court or forum in India as mentioned in Paras 4A, 4B and 4C (i) to (iii) above, are hereby quashed and/or withdrawn. Additionally, the incidental matters/cases/proceedings filed by third parties against the husband/wife and his/her family members & relatives, related/unrelated to the matters between the parties are hereby quashed and/or withdrawn. The respective courts/authorities are directed to treat these proceedings as terminated and shall not be challenged in any court of law in future.
12. Both the parties i.e., Shivangi Bansal/Shivangi Goel and Sahib Bansal, and their families have undertaken that there are no other proxy proceedings initiated by her/him against the husband/wife and his/her family members and relatives, till date. If any such proceeding(s) is/are found to be initiated/pending at later stage, the same would be tantamount to contempt of this Hon’ble Court.
13. In addition to the cases mentioned in Para 4 above, if there are cases, petitions, complaints made by the wife (and/or her family) or by the husband (and/or his family) or either incidental to the above matrimonial disputes or otherwise, in any other forum against each other or against their family members, not in knowledge of the other party, the same will stand quashed by virtue of this order.
14. Shivangi Bansal/Shivangi Goel and Sahib Bansal (wife and husband respectively) and the family members of both husband and wife shall not file or initiate any future litigation, petition, case, complaint or otherwise arising out of these or related matters, in any judicial or quasi-judicial or regulatory or administrative forum or any other forum. For the larger peace and tranquillity of both the parties and their families, the husband and wife mutually agreed and have undertaken to unconditionally withdraw all allegations/averments in all complaints/pleadings/petitions/representations/documents prepared and/or filed by the parties or their family members/relatives or their representatives against each other and their family members/relatives before any Court of Law/Regulatory/Administrative/Statutory/Tribunal forums and/or any other Authority.
15. The husband and the wife have further agreed and undertaken, for the larger peace of both the parties and their families, not to meddle and interfere in each other’s life, professions, businesses including having no connection with business rivals, service, employment, and they further agreed and undertook not to do any act or promote or cause any act to be done which may be detrimental to each other’s personal and professional interests directly or indirectly and shall not collaborate with any such party to cause harm to the business.
16. The remarks and observations made against Shivangi Bansal in the final judgment and order dated 13.06.2022 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1126 of 2022 are hereby expunged.
17. Shivangi Bansal’s mother i.e., Smt. Sandhya Goel shall transfer property situated at Mauza Tappal, Parghana-Tappal, Tehsil-Khair, District-Aligarh-Khata No. 258 in Gata no. 1653/2 measuring 0.357 hector and Gata No. 1656 measuring 1.060 hector total 2 Kita total rakwa 1.417 hector in which share of rakwa 0.9446 hector and of Khata No. 1101 in Gata no. 1656/5K rakwa 0.153 hector in which share of rakwa 0.031 hector, total rakwa 0.97566 hector, as a gift deed, to the husband Sahib Bansal and all the expenses for the said transfer to be borne by Sahib Bansal. Transfer of said property shall be done on as is where is basis. There are litigations with respect to the above-mentioned property currently pending before the Ld. Civil Judge, Khair, Aligarh and before District Court Aligarh. Sahib Bansal shall step into the shoes of Mrs. Sandhya Goel and bear all related expenses post the transfer of the abovementioned property including litigation cost. Complete pleadings and documents relating to these litigations will be handed over to Shri Sahib Bansal in seven days from today. The documents i.e., originals/certified copies of the sale deed of the property in question is stated to be not available with the Petitioner or her mother Mrs. Sandhya Goel as they are lost. Mrs. Sandhya Goel shall lodge a complaint with the police within seven days of this order and supply copy thereof to Sahib Bansal forthwith. In future, there shall be no claim by Shivangi Bansal/Shivangi Goel or her family on the said land. At the time of transfer/registry of the property, Mr. Sudarshan Rajan/his associates (on behalf of Ms. Shivangi Bansal/Shivangi Goel) and Mr. Sanjeet Trivedi/his associates (on behalf of Mr. Sahib Bansal) will be present to ensure no hindrance and the orderly execution of the process.
18. The Court hereby directs that police protection shall be provided to the Husband and his family.
19. Shivangi Bansal/Shivangi Goel shall never use her position and power as an IPS officer or any other position that she may hold in future, position and power of her colleagues/superiors or other acquaintances anywhere in the country, against the husband, his Family Members and Relatives by way of initiating any proceedings before any Authority or Forum through any third party/official or causing any bodily or mental injury to the husband and his family, in any manner whatsoever.
20. As a result of the cases filed by the wife, the Husband remained in jail for a period of 109 days and his father for 103 days and the entire family suffered physical and mental trauma and harassment. What they have suffered cannot be resituated or compensated in any manner. Shivangi Bansal/Shivangi Goel and her parents shall tender an unconditional apology to the husband and his Family members which shall be published in the national edition of the renowned one English and one Hindi newspaper. Such apology shall also be published and circulated on all social media platforms like Facebook, Instagram, YouTube and other similar platforms. The expression of apology herein shall not be construed as an admission of liability and shall have no bearing on the legal rights, obligations, or consequences arising under law. The apology shall be published within 3 days from the date of this Order and must be in the following form, without any alteration:
“I Shivangi Bansal/Shivangi Goel, D/o Sh. Rajesh Goel, R/o. RS – Niwas, Gandhi Colony, Pilkuwa, UP, hereby sincerely apologise on my and on behalf of my parents for any of my words, action or stories which may have hurt or caused annoyance to the feelings of members of Bansal family namely, Sh. Mukesh Bansal, Smt. Manju Bansal, Sh. Sahib Bansal, Sh. Chirag Bansal and Smt. Shipra Jain. I understand that the various allegations and legal battles have created an atmosphere of animosity and have deeply impacted your wellbeing. While the legal proceedings have now concluded with the dissolution of our marriage and the quashing of pending litigations between the parties, I understand that the emotional scars may take time to heal. I sincerely hope that this apology can be a step towards finding some peace and closure for all of us. It is regretted and I sincerely hope for peace and an amicable future for both the families. For peace, good health, prosperity and happiness of both families going forward, I sincerely hope that Bansal family will accept my this unconditional apology. However, dark the past may be, it cannot hold the future captive. I take this opportunity to express my gratitude to the Bansal Family that through my life experience with them, I became a more spiritual person. As a practicing Buddhist, I sincerely wish and pray for peace, security and happiness of each member of Bansal family. Here, I reiterate that Bansal Family is most welcome to meet and get to know the girl child born out of the wedlock who is at no fault whatsoever.
With respect and regards.
Shivangi Goel/Shivangi Bansal”
21. The above apology is made to bring about amicable closure to the protracted legal battle and associated emotional and mental stress. It is without prejudice to/for either party. It shall not ever be used against Shivangi Bansal/Shivangi Goel before any Court of Law, Administrative/Regulatory/Quasi-Judicial Body/Tribunal against her interests now or in future. Any breach of the said condition shall be considered as Contempt of this Hon’ble Court on the part of Sahib Bansal, parents and his family members.
22. As this matter is being settled by the present order, all allegations made by either party, their family members, or their representatives against each other on various social media platforms, including interviews and statements by the wife or husband that directly allege against each other and/or their family, shall be deleted from the web.
23. Each Party agrees and undertakes to, either directly or indirectly, knowingly or unknowingly: (i) not publish, repeat, disseminate or report any statement or comment, nor take, encourage, induce or voluntarily participate in any action, that would negatively comment on, disparage, defame or call into question the contents of the present order including the cases and proceedings mentioned in Para – 4 above or any documents or pleadings filed therein or orders passed therein (ii) not act in any way with respect to each other which would damage their reputation and present or future activities. Sahib Bansal and his brother Chirag Bansal shall be at liberty to use and intimate the fact of this order for the purpose of his marriage and any issue relating thereto.
24. Both parties, their parents and family members undertake to this Court that they shall abide by the terms, conditions and directions as recorded above. Default on the part of any of the party will amount to contempt giving a right to the other party to directly approach this Court in Contempt.
25. In terms of the above observations, directions and conditions/settlement, we deem it appropriate to invoke our power under Article 142 of the Constitution of India and order for dissolution of marriage between Shivangi Bansal/Shivangi Goel and Sahib Bansal. The decree of divorce shall be drawn up accordingly.
26. The transfer petitions and special leave petitions are disposed of in terms of the above order. The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to ‘Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.
27. Pending application(s), if any, stand disposed of.
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§ 2025 INSC 883
