TRANSFER OF SUIT

AMRUTA BEN HIMANSHU KUMAR SHAH vs HIMANSHU KUMAR PRAVINCHANDRA SHAH, SC 2021

After three years of the dismissal of the said Transfer Petition, the petitioner has come up with the present Transfer Petition on the ground that there are change of circumstances warranting a fresh look.

The respondent has filed a counter affidavit contending inter alia that the proceedings for restitution of conjugal rights have already reached the stage of judgment and that once a request for transfer got rejected on an earlier occasion, a second petition cannot be maintained.

The court held that the dismissal of a petition for transfer, may not operate as res judicata, when a fresh petition is filed on change of circumstances.Therefore, the present petition for transfer cannot be opposed solely on the ground that the earlier petition was dismissed. But at the same time, the petitioner will have to satisfy the court that there are change of circumstances and that there are sufficient grounds made out.

When a case is at its final stage, this Court will be extremely reluctant to order the transfer, as it may derail the entire process.