1. Petition for transfer of a family court suit under Section 25 of the Code of Civil Procedure. (Para 1 )
Back
Next 
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
The Supreme Court allowed the transfer of a civil suit under Section 25 of the Code of Civil Procedure, considering the wife's hardships—including caregiving responsibilities for her widowed mother and ailing son, safety concerns, and distance—as sufficient grounds for transferring the proceedings to her current location.
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.
Legal Category Hierarchy
Table of Contents
2. Petitioner seeks transfer citing caregiving duties, safety threats, and distance hindering the ability to defend proceedings. (Para 3 )
3. The court found the grounds for transfer, including personal hardships and safety concerns, sufficient to allow the petition. (Para 4 )
4. Transfer of proceedings under Section 25 CPC is permissible based on the convenience and safety of the parties. (Para 4 )
5. Transfer petition allowed; suit transferred to the requested court with directions for record transfer and virtual appearance for the respondent. (Para 5 , 6 , 7 )
6. On what grounds may a court allow a transfer petition under Section 25 of the Code of Civil Procedure?
A court may allow a transfer petition based on the petitioner's personal hardships, such as caregiving responsibilities, safety concerns, and the inability to effectively defend proceedings due to long distance. (Para 3 , 4 )
7. Is virtual attendance permissible in transferred civil proceedings?
Yes, the court may permit a party to attend proceedings virtually, provided 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 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.
