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2025 Supreme(SC) 1456

SUPREME COURT OF INDIA
SANJAY KAROL AND K.V. VISWANATHAN, JJ.
Sharmishtha Das - Appellant
Versus
Mrinal Acharjee - Respondent
Transfer Petition (Civil) No. 2622 of 2024
Decided on : 06-01-2025

Headnote:(A) Code of Civil Procedure - Section 25 - Transfer of Suit - Transfer sought by the petitioner-wife due to personal circumstances including care for her widowed mother, fear of life threat from the respondent and family, and inability to effectively defend the case due to long distance - Transfer of Original Suit No. 1018 of 2022 allowed. (Paras 1-5)

(B) Appearance - No representation made on behalf of the respondent despite repeated calls - Court proceeded to allow transfer based on the petitioner's grounds. (Paras 2-3)

Facts of the case:
The petitioner-wife seeks transfer of a suit pending in Dhanbad, citing the need to care for her family and fear for her safety if she visits the location of the proceedings initiated by the respondent.

Findings of Court:
Given the petitioner's concerns and circumstances, the court found justifiable grounds for the transfer of the case to a more accessible location for the petitioner.

Issues: The primary issue was whether the petitioner's concerns warranted the transfer of the case from Dhanbad to Hooghly.

Ratio Decidendi: The court determined that the personal circumstances of the petitioner and the lack of representation from the respondent justified the transfer of the suit for the convenience and safety of the petitioner.

Result: Transfer Petition allowed.

Table of Content
1. petition for transfer based on personal circumstances (Para 1 , 3)
2. court's observations on transfer merits (Para 2 , 4 , 6 , 7)
3. conclusion and transfer order details (Para 5 , 8)

ORDER :

1. This petition is filed under Section 25 of the Code of Civil Procedure seeking transfer of Original Suit No. 1018 of 2022 titled " Mrinal Acharjee Vs. Sharmishtha Das ', pending before the Court of Additional Principal Judge, Additional Family Court, Dhanbad, Jharkhand to the Court of the learned District Court at Serampore, Hooghly, West Bengal.

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 widowed mother and her ailing son ; she fears life threat from the respondent and his family if she visits Dhanbad and, also on account of long distance, she is unable to effectively defend the proceedings initiated by the respondent at Dhanbad.

4. On such consideration, we are of the view that the transfer can be allowed. Consequently, the Transfer Petition is allowed.

5. Accordingly, Original Suit No. 1018 of 2022 titled " Mrinal Acharjee Vs. Sharmishtha Das ', pending before the Court of Additional Principal Judge, Additional Family Court, Dhanbad, Jharkhand is transferred to the Court of District Judge at serampore, Hooghly, West Bengal.

6. The Court of Additional Principal Judge, Additional Family Court, Dhanbad, Jharkhand 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.

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