Supreme Court – Daily Orders
Priya Pariyani vs Punit Gupta on 25 February, 2026
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ITEM NO.35 COURT NO.7 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.28/2026
PRIYA PARIYANI Petitioner(s)
VERSUS
PUNIT GUPTA Respondent(s)
[TO BE TAKEN UP AT 3:00 PM IN THE COMMITTEE ROOM].............[PART
HEARD BY: HON'BLE MR. JUSTICE J.B. PARDIWALA AND HON'BLE MR.
JUSTICE K.V. VISWANATHAN]
(IA No. 2812/2026 - EXEMPTION FROM FILING O.T., IA No. 17332/2026 -
EXEMPTION FROM FILING O.T., IA No. 17331/2026 - PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No. 2806/2026 - STAY
APPLICATION)
WITH
T.P.(C) No. 251/2026 (XVI-A)
(IA No. 29470/2026 - APPROPRIATE ORDERS/DIRECTIONS, IA
No.29464/2026 - EXEMPTION FROM FILING O.T. & IA No. 29462/2026 -
STAY APPLICATION)
Date : 25-02-2026 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) :
Ms. Karuna Nundy, Sr. Adv.
Ms. Nidhi Mohan Parashar, AOR
Ms. Shivangshi Mitra, Adv.
Mr. Shiv Mehrotra, Adv.
For Respondent(s) :
Mr. Nikhil Beniwal, AOR
Mr. Pawan Singh Tanwar, Adv.
Mr. Gyanendra Casshyap, Adv.
Mr. Pulkit Duhan, Adv.
Ms. Sanchita Beniwal, Adv.
UPON hearing the counsel the Court made the following
Signature Not Verified
O R D E R
Digitally signed by
VISHAL ANAND
Date: 2026.03.11
1.
15:06:51 IST
Reason: In pursuance of our Order dated 13-2-2026, parties are present
before us with their two lovely children named Kian aged 2 ½ years
and Ishika aged 5 months.
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2. The petitioner – Priya is accompanied by her parents.
3. The Respondent – Punit has travelled from Kota, Rajasthan.
4. We are informed that Priya is serving with Delta Airlines in
Bangalore. She is residing with her parents and her five months old
Ishika.
5. Punit is residing in Kota along with his 2 ½ years old son
Kian.
6. We had a talk with both priya and Punit.
7. There are two transfer petitions before us both preferred by
Priya. One Transfer Petition is with respect to the proceedings
instituted by Punit under the Guardians and Wards Act and the other
proceeding relates to divorce.
8. In our Order dated 13-2-2026, we very categorically stated
that whatever may be the dispute between Punit and Priya, the
siblings should grow up together. They should not be deprived of
the love and affection for each other.
9. Today, in the course of the hearing in the Committee Room, we
ourselves noticed the strong bonding between the brother and the
sister.
10. Even if we go by the provisions of Section 6 of the Hindu
Minority and Guardianship Act, 1956, more particularly Section 6,
the custody of a minor who has not completed the age of 5 years
shall ordinarily be with the mother. We also feel that the best
interest of the child would be to stay with her mother.
11. In such circumstances, as an interim measure, we direct that
Kian would stay with her mother Priya in Bangalore. Punit has
expressed his desire to settle in Bangalore so that he can meet his
children as and when he would like to meet. Punit will have to make
the necessary arrangements. Punit also expressed his desire to stay
in the very same apartment building. We make it explicitly clear
that Punit shall not do anything by which Priya or her parents are
offended in any manner and the same shall apply vice versa. Priya
should also not do anything by which Punit is offended or his
parents are offended in some way or the other. We are informed that
Punit has the mobile handset of Priya. The mobile handset shall be
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handed over to Priya at the earliest.
12. We make it clear that none of the parties shall initiate any
criminal action against each other without informing this Court.
13. We shall take up this matter once again on 6-5-2026. On
6-5-2026, parties shall once again appear before us with their
children.
14. At this stage, we would like to observe that Punit wants to
save his marriage at any cost. However, Priya is reluctant. It is
now upto Punit and Priya to talk with each other and try to explore
the possibility of saving the marriage, keeping in mind the
interest of their two minor children.
15. As a Court, we would always lean in favour of saving the
marriage. Marriage is something personal but since the parties
have two minor children born in the wedlock, children need the
affection of both father and mother insofar as their upbringing is
concerned.
16. We once again urge to both Priya and Punit to make one honest
and serious attempt to talk with each other.
17. Whatever might have happened in the past, whatever might be
the differences between the two, at times, such differences can be
resolved by talking. Of course, when they decide to talk, it should
be with open mind and heart. Kian will accompany today with her
mother to Bangalore. As and when Punit would like to visit
Bangalore and meet his children, it shall be open for him to do so
even while Priya is at work and the two children are with their
grandparents. The grandparents shall permit Punit to meet his two
children in their presence. There shall not be any objection or
hostile attitude in this regard. With passage of time, perhaps we
may be in a position to bring around some happy solution to the
disputes between the parties.
18. Post this matter for further hearing on 6-5-2026 at 3.00 p.m.
in the Committee Room.
19. All proceedings between the parties, civil and criminal, if
any, shall remain stayed.
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20. Punit has also expressed his desire to go for marriage
counselling and he wants his wife Priya also to join.
21. Priya will give a thought to it.
22. It would be appropriate if both together go for counselling.
(VISHAL ANAND) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)