AI Overview...
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Section 24 of the Civil Procedure Code (CPC) - Main Points and Insights
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Grounds for Transfer: The primary basis for transferring cases under Section 24 CPC is the apprehension of danger to the life or safety of a party or their family members, or inconvenience and hardship due to distance or other circumstances (e.g., Sunil Kumar VS Mamta Devi - Punjab and Haryana, Jaiwanti Gahija VS Ashok Kumar Sharma - Rajasthan, Ruben Choudhury VS Biren Dutta - Gauhati, Kirti w/o. Vikas Yeskade VS Vikas Bhagiratrao Yeskade - Bombay, Anita Pattnayak VS Arabinda Sukla - Orissa, Laxmi VS Eshwar Maudiyani - Rajasthan).
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Application of Section 24: Courts have allowed transfers when there is credible evidence of threats, harassment, or danger, especially when a party fears for their safety or faces significant logistical difficulties in attending court proceedings (Sunil Kumar VS Mamta Devi - Punjab and Haryana, Jaiwanti Gahija VS Ashok Kumar Sharma - Rajasthan, Ruben Choudhury VS Biren Dutta - Gauhati, Kirti w/o. Vikas Yeskade VS Vikas Bhagiratrao Yeskade - Bombay, Laxmi VS Eshwar Maudiyani - Rajasthan).
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Judicial Discretion: The courts exercise discretion based on the sufficiency of danger or hardship presented, considering the personal safety of parties and their dependents (SANTHOSH MAHESHWAR vs G. MURALEEDHARAN - Kerala, SANTHOSH MAHESHWAR vs G. MURALEEDHARAN - Kerala).
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Case Examples:
- Husband feared threats and violence at the hands of family members, leading to transfer requests (Sunil Kumar VS Mamta Devi - Punjab and Haryana).
- Wife feared danger to her life and requested transfer from Gwalior to Guna, citing threats (Usha Shrivastava VS Jagdish Sahai Shrivastava - Madhya Pradesh).
- A woman sought transfer due to threats and the inability of her aged parents to accompany her (Kirti w/o. Vikas Yeskade VS Vikas Bhagiratrao Yeskade - Bombay).
- Cases where threats or harassment by spouses or their associates justified transfer (Laxmi VS Eshwar Maudiyani - Rajasthan, Jaiwanti Gahija VS Ashok Kumar Sharma - Rajasthan, Anita Pattnayak VS Arabinda Sukla - Orissa).
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Analysis and Conclusion
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Section 24 CPC provides a legal mechanism to transfer cases when parties face credible threats to their safety or significant hardship, ensuring justice and safety are maintained. Courts prioritize personal safety and convenience over procedural considerations, often granting transfers in cases of threats, harassment, or logistical difficulties (Sunil Kumar VS Mamta Devi - Punjab and Haryana, Ruben Choudhury VS Biren Dutta - Gauhati, Anita Pattnayak VS Arabinda Sukla - Orissa).
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Main Point: The apprehension of danger to life or safety is a valid and compelling ground for transfer under Section 24 CPC, with courts carefully evaluating the evidence of threats or hardship before granting such requests.
References: - Civil Procedure Code, 1908, Section 24 - Case examples illustrating application of Section 24 based on danger and hardship (Sunil Kumar VS Mamta Devi - Punjab and Haryana, Jaiwanti Gahija VS Ashok Kumar Sharma - Rajasthan, Ruben Choudhury VS Biren Dutta - Gauhati, Usha Shrivastava VS Jagdish Sahai Shrivastava - Madhya Pradesh, Kirti w/o. Vikas Yeskade VS Vikas Bhagiratrao Yeskade - Bombay, SANTHOSH MAHESHWAR vs G. MURALEEDHARAN - Kerala, Anita Pattnayak VS Arabinda Sukla - Orissa)
Search Results for "Civil Procedure Code s 24 Danger"
2012 0 Supreme(P&H) 195 • India - Punjab and Haryana
JITENDRA CHAUHAN
to his life--Petition transferred from Rewari to Rohtak--Civil Procedure Code, 1908, S.24. ... --When husband went to appear before the Court he was given beatings and was threatened with dire consequences--Apprehension of danger ... (Oral):- The husband has filed the present application, under Section 24 of the Code of Civil Procedure for transferring the petition titled “Sunil Kumar v. ... He apprehends danger to his life and liberty at the hands of the family member of the responden....
2009 0 Supreme(Raj) 2328 • India - Rajasthan
S.P.PATHAK
24 Transfer of case – The present petition is transfer petition in which the wife is apprehending danger ... Civil Procedure Code, 1908 – S. ... Jaiwanti Gahija against her husband Ashok Kumar Sharma under section 24 of the Code of Civil Procedure for transferring the divorce petition pending before the District Judge, Alwar to the learned Judge, Family Court/District Judge at Kota.
1989 0 Supreme(Kar) 336 • India - Karnataka
H.G.BALAKRISHNA
C. - [Section 24, Civil Procedure Code] - The court allowed the wife's application under Section 24 C. P. . ... wife - transfer of case - Section 24 C. P. . ... The court did not compel the wife to attend the court at Bagalkot due to her apprehension of danger to her life. ... ... ( 1 ) IN this Civil Petition the wife has filed an application under Section. 24 C. P. . C. seeking the withdrawal of the case in M. ....
1996 0 Supreme(Gau) 49 • India - Gauhati
S.BARMAN ROY
TRANSFER OF SUIT - SECTION 24 CPC - TRANSFER OF SUIT FROM DISTRICT JUDGE, NALBARI TO COURT OF COMPETENT JURISDICTION AT GUWAHATI ... Fact of the Case: Petitioners filed a petition under Section 24 CPC seeking transfer of a suit from the Court of District ... - APPREHENSION OF DANGER TO LIFE OF PETITIONERS - TRANSFER ALLOWED. ... Here in the instant case, petitioners apprehend danger of their lives if they are to visit Nalbari in connection with the case. That danger....
1983 0 Supreme(MP) 753 • India - Madhya Pradesh
K.N.SHUKLA
24 – application for transfer case to another Court – case at evidence stage – applicant apprehends danger ... Code for transfer of Civil Suit No. 98 A of 81 from the Court of the District Judge, Gwalior to any other competent Court at Guna ... The reasons given in the application are that the applicant apprehends danger to her life at Gwalior, if she is compelled to appear
2005 0 Supreme(Bom) 1729 • India - Bombay
R.C.CHAVAN
Civil Procedure Code, 1908 - Section 24 Transfer of proceedings of case Wife’s request to transfer case filed by husband to her maternal ... city She having danger to life at place of husband Aged parents unable to accompany her to attend Court on every date Difficulties ... The applicant seeks transfer on the grounds that she apprehends danger to her life. in case she enters Nagpur. She is dependent on her aged parents. She has no independent source of income and it is not possible for her parents to come at Nagpur to a....
2023 Supreme(Online)(KER) 6540 • India - High Court of Kerala
C.S. DIAS, J
Transfer - Transfer Petition - C.P.C. Section 24 - Court rules on jurisdiction and personal safety. ... Ratio Decidendi: The court determined that there were sufficient legal bases under Section 24(5) against transferring the ... (ii) The petitioner’s life would be in danger, if he contests the suit in the court at Thiruvananthapuram. ... The second contention is that the petitioner’s life would be in danger, if he appears before the court below in Thiruvananthapuram. 11. ... Thus, the first contentio....
2023 Supreme(Online)(KER) 12408 • India - High Court of Kerala
C.S. DIAS, J
Transfer - Civil Procedure - Code of Civil Procedure, 1908 - Section 24 - The court analyzed grounds for transferring a civil ... (ii) The petitioner’s life would be in danger, if he contests the suit in the court at Thiruvananthapuram. ... The second contention is that the petitioner’s life would be in danger, if he appears before the court below in Thiruvananthapuram. 11. ... Thus, the first contention that the court below lacks territorial jurisdiction under Secti....
2015 0 Supreme(Ori) 459 • India - Orissa
A.K.RATH
CIVIL PROCEDURE CODE, 1908 - Sec. 24 - Transfer of case from Cuttack to Jeypore - Ground that petitioner is residing with her old ... and ailing father - Court at Cuttack is 500 Kms. away from her residence - Petitioner apprehends danger to her life since the family ... ... By this application under Section 24 of the C.P.C., the petitioner seeks transfer of C.P. No. 69 of 2013 filed by the opposite party in the court of learned Judge, Family Court, Cuttack to the court of learned Judge, Family Court, J....
1992 0 Supreme(Raj) 707 • India - Rajasthan
R.S.KEJRIWAL
She alleged that the respondent, her husband, and his friends had threatened and harassed her, creating an imminent danger to her ... TRANSFER OF CASE - FAMILY COURT - SECTION 24, 151 CIVIL PROCEDURE CODE - THREATS AND HARASSMENT - CONVENIENCE - MAINTENANCE - ... read with Section 151 of the Civil Procedure Code, seeking the transfer of a divorce petition from the Family Court of Ajmer to ... - The petitioner has filed this transfer application under Section 24, read with Section 151 Civil Pr....
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