Overview

In the case of Transfer Petition (Civil) No. 1957 of 2023, Shama Sharma, the petitioner, sought the transfer of her civil case against Kishan Kumar, the respondent. This petition was filed under Section 25 of the Code of Civil Procedure (CPC), which grants the Supreme Court of India the authority to transfer cases from one state to another in the interest of justice.

Case Background

Shama Sharma filed a suit against Kishan Kumar, which was pending in a civil court in a state far from her current residence. Due to significant logistical and financial challenges associated with attending court proceedings at such a distance, she filed a transfer petition to move the case to a more convenient location.

Grounds for Transfer

The petitioner cited several grounds for seeking the transfer:

1. Convenience: The current court location was significantly inconvenient for her due to the distance from her residence.
2. Financial Hardship: The costs associated with travel and accommodation were substantial, causing financial strain.
3. Fair Trial: The petitioner expressed concerns about receiving a fair trial due to the influence the respondent might have in the current jurisdiction.

Supreme Court’s Observations

A Division Bench of the Supreme Court, comprising Justices Prashant Kumar Mishra and K.V. Viswanathan, reviewed the petition. The Bench considered the following points:

1. Frequent Transfers: The Court noted that while the transfer of cases is essential for ensuring justice, it should not be misused. They observed that the petitioner had not previously sought multiple transfers, making her request reasonable.
2. Balancing Rights: The Court emphasized the importance of balancing the rights of both parties, ensuring that the transfer does not unjustly disadvantage the respondent.
3. Ends of Justice: The primary consideration was whether the transfer would serve the ends of justice, ensuring a fair and impartial trial.

Decision

After careful consideration, the Supreme Court allowed the transfer petition. The case was ordered to be transferred from its original court to a civil court in the state where Shama Sharma currently resides. This decision was made to alleviate the petitioner’s hardships while maintaining a fair trial process.

Contact for Legal Light Consulting

For those seeking expert legal assistance in filing a Transfer Petition under Section 25 of the CPC, Legal Light Consulting offers specialized services. Here is their contact information:

Legal Light Consulting

Expert Legal Assistance for Transfer Petitions

• Phone: +91-9999 641 341
• Email: legallightconsulting@gmail.com
• Website: www.legallightconsulting.com

Services Offered:

• Case Evaluation: Detailed assessment of the merits and grounds for your transfer petition.
• Documentation and Filing: Professional drafting and filing of the petition with all necessary supporting documents.
• Legal Representation: Expert representation in Supreme Court hearings to advocate for your transfer request.

For personalized consultation and further information, please reach out to Legal Light Consulting using the provided contact details.