HAMA SHARMA v. KISHAN KUMAR., TRANSFER PETITION, Citation: 2024 (SC) 62
Bench of Justices Hima Kohli and Ahsanuddin Amanullah
The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for restitution of conjugal rights filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, bearing CM No. 136 of 2023, titled “Kishan Kumar Vs. Shama Sharma” pending before the Principal Judge, Family Court, Sri Ganga Nagar, Rajasthan to a Court of competent jurisdiction at Faridkot, Punjab. In this case, the caste of both the parties has been mentioned in the memo of parties, besides their other details. Learned counsel for the petitioner submits that if the memo of parties as filed before the courts below is changed in any manner, the Registry raises an objection and in the present case as the caste of both the parties was mentioned before the court below, he had no option but to mention their caste in the Transfer Petition.
ISSUE:what is the necessity to mention caste of the parties in the transfer application?
DECISION: The Supreme Court has passed a general order directing that the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before the Courts. The Bench of Justices Hima Kohli and Ahsanuddin Amanullah were hearing a transfer petition in a family dispute between husband and wife. The caste of the parties was mentioned in the parties' memo. Expressing its dissatisfaction, the court mentioned that “We see no reason for mentioning the caste/religion of any litigant either before this Court or the courts below. Such a practice is to be shunned and must be ceased forthwith.”
It is therefore deemed appropriate to pass a general order directing that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before this Court, irrespective of whether any such details have been furnished before the courts below. A direction is also issued to all the High Courts to ensure that the caste/religion of a litigant does not appear in the memo of parties in any petition/suit/proceeding filed before the High Court or the Subordinate Courts under their respective jurisdictions.
