1. Petition for transfer of family court proceedings under Section 25 of the Code of Civil Procedure. (Para 1 )
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2025 Supreme(SC) 1440
SUPREME COURT OF INDIA
SANJAY KAROL AND K.V. VISWANATHAN, JJ.
Lalita - Appellant
Versus
Pankaj Kumar Sharma - Respondent
Transfer Petition (Civil) No. 2654 of 2024
Decided on : 06-01-2025
The Supreme Court allowed the transfer of matrimonial proceedings under Section 25 of the Code of Civil Procedure, prioritizing the convenience of the wife based on her childcare responsibilities and the distance to the original court.
Headnote:(A) Code of Civil Procedure - Section 25 - Transfer of case - Petition filed for the transfer of a family court case from District Jhunjhunu, Rajasthan to District Jhajjar, Haryana due to the petitioner's childcare responsibilities and long distance impacting her defense - Absence of representation from the respondent despite repeated calls - Petition allowed transferring the case. (Paras 1-5)
Facts of the case:
The petitioner-wife sought the transfer of a case pending against her due to the challenges posed by distance in attending court proceedings while caring for her child.
Findings of Court:
The court found merit in the petitioner's request for transfer due to justifiable reasons.
Issues: The primary issue was whether the reasons presented by the petitioner sufficiently warranted the transfer of the ongoing case.
Ratio Decidendi: The court determined that the needs of the petitioner, in terms of childcare and the ability to effectively participate in the proceedings, justified the transfer of the case to a more accessible location.
Result: Transfer Petition allowed.
Legal Category Hierarchy
Table of Contents
2. Transfer sought on grounds of childcare responsibilities and inability to effectively defend proceedings due to long distance. (Para 3 )
3. The court considered the petitioner's childcare obligations and the distance involved as sufficient grounds to allow the transfer. (Para 4 )
4. Transfer of proceedings is permissible when the petitioner establishes hardship, such as childcare duties and distance, that hinders an effective defense. (Para 4 )
5. Transfer petition allowed; proceedings transferred to the requested court with directions for record transfer and permission for virtual attendance. (Para 5 , 6 , 7 )
6. On what grounds may a transfer petition under Section 25 of the Code of Civil Procedure be granted in family matters?
Transfer may be granted when the petitioner demonstrates significant hardship, such as the necessity of caring for a young child and the inability to effectively defend proceedings due to the long distance to the current court. (Para 3 , 4 )
7. Is virtual attendance permissible for parties in transferred family court proceedings?
Yes, the court may permit a party to attend proceedings virtually, provided that their physical presence is not specifically required by the trial court. (Para 7 )
ORDER :
1. This petition is filed under Section 25 of the Code of Civil Procedure seeking transfer of Case No. 119 of 2024, titled " Pankaj Kumar Sharma Vs. Lalita ", pending before the Additional Principal Judge, Family Court, Chirawa, District Jhunjhunu, Rajasthan to the Family Court, District Jhajjar, Haryana.
2. Despite repeated calls and pass over, none enters appearance on behalf of the respondent.
3. The grounds raised by the petitioner-wife for seeking the transfer are; she has to take care of her three years old child ; and, also on account of long distance, she is unable to effectively defend the proceedings initiated by the respondent at District Jhunjhunu.
4. On such consideration, we are of the view that the transfer can be allowed. Consequently, the Transfer Petition is allowed.
5. Accordingly, Case No. 119 of 2024, titled " Pankaj Kumar Sharma Vs. Lalita ", pending before the Additional Principal Judge, Family Court, Chirawa, District Jhunjhunu, Rajasthan is transferred to the Family Court, District Jhajjar, Haryana.
6. The Additional Principal Judge, Family Court, Chirawa, District Jhunjhunu, Rajasthan shall transfer the records pertaining to the said case to the transferee court, as expeditiously as possible.
7. The Respondent is permitted to attend the proceedings virtually, unless his presence is required by the trial Court.
8. Pending application(s), if any, shall stand disposed of.
