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Tag: Judgments on Transfer Petitions

Shama Sharma Vs Kishan Kumar on 10 Jan 2024

Posted on January 29, 2024 by ShadesOfKnife

A division bench of Apex Court passed following order prohibiting mentioning of caste/religion of any litigant either before it or the courts below, while allowing the transfer of a RCR case from Rajasthan to Punjab.

From Para 7,

7. Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.

From Paras 10-12,

10. Before parting with this matter, we have noted with surprise that the caste of both the parties has been mentioned in the memo of parties, besides their other details. Learned counsel for the petitioner submits that if the memo of parties as filed before the courts below is changed in any manner, the Registry raises an objection and in the present case as the caste of both the parties was mentioned before the court below, he had no option but to mention their caste in the Transfer Petition.
11. We see no reason for mentioning the caste/religion of any litigant either before this Court or the courts below. Such a practice is to be shunned and must be ceased forthwith. It is therefore deemed appropriate to pass a general order directing that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before this Court, irrespective of whether any such details have been furnished before the courts below. A direction is also issued to all the High Courts to ensure that the caste/religion of a litigant does not appear in the memo of parties in any petition/suit/proceeding filed before the High Court or the Subordinate Courts under their respective jurisdictions.
12. The above directions shall be brought to the notice of the members of the Bar as well as the Registry for immediate compliance. A copy of this order shall be placed before the Registrar concerned for perusal and for circulation to the Registrar Generals of all the High Courts for strict compliance.

Shama Sharma Vs Kishan Kumar on 10 Jan 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Change in Cause title CrPC 406 - Power of Supreme Court to transfer cases and appeals Judgments on Transfer Petitions Shama Sharma Vs Kishan Kumar Transfer Petition Video Conferencing | Leave a comment

Judgments on Transfer Petitions

Posted on September 23, 2023 by ShadesOfKnife

List of judgments pertaining to Transfer of matrimonial cases.

Supreme Court of India:

  1. Nahar Singh Yadav and Anr Vs Union of India and Ors on 19 Nov 2010 [broad factors to consider while disposing transfer petitions u/s 406 Cr.P.C.]
  2. NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022 [Supreme Court listed some principles to be considered while deciding transfer petitions]

 

Andhra Pradesh High Court:

 

 

Bombay High Court:

  1. Sarita Rahul Sharma Vs Rahul Udayraj Sharma on 03 Oct 2024 [Due a minor child, wife’s prayer to transfer a Divorce petition from Vasai to Mahim (about 60 KMs) was allowed]
  2. Samina Firdaus Vs Shoeb Khan on 24 Jan 2025 [Use video conferencing; FIR registered against knife and her gang for assault on husband and his family]

 

 

Karnataka High Court:

  1. Sushmitha B.L. Vs Raghavendra B.R on 07 Jan 2025 [Inconvenience of the Husband caring for two minor children is given importance and Transfer petition was dismissed]

 

 

 


The MASTER INDEX is here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged CPC 24 - General power of transfer and withdrawal CrPC 406 - Power of Supreme Court to transfer cases and appeals CrPC 407 - Power of High Court to Transfer Cases and Appeals. CrPC 408 - Power of Sessions Judge to Transfer Cases and Appeals Judgments on Transfer Petitions | Leave a comment

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