"Supreme Court Orders Elimination of Caste and Religion from Legal Paperwork"

Introduction:

In a recent ruling, the court decided on a petition filed under Section 25 of the Code of Civil Procedure, 1908, seeking the transfer of a restitution of conjugal rights case. The judgment not only dealt with the transfer but also made a noteworthy observation regarding the mention of caste in court documents.

Transfer of Case:

The petitioner-wife sought the transfer of a petition for restitution of conjugal rights filed by the respondent-husband from the Principal Judge, Family Court, Sri Ganga Nagar, Rajasthan, to a Court of competent jurisdiction at Faridkot, Punjab. Despite attempts to notify the respondent-husband, no appearance or response was received.

Court's Decision:

Given the absence of the respondent-husband and considering the circumstances, the court deemed it appropriate to allow the transfer petition. The case, titled "Kishan Kumar Vs. Shama Sharma," will now be transferred to a Court in Faridkot, Punjab. The court granted liberty to the respondent-husband to participate virtually and issued directions for the transfer of case records.

Observation on Mention of Caste:

The court expressed surprise and concern about the mention of the caste of the parties in the memo of parties. The petitioner's counsel clarified that such details were included due to objections raised by the Registry when filing documents. The court unequivocally stated that the caste or religion of any litigant should not be mentioned in court documents.

Landmark Directive:

The court went beyond the case at hand and issued a general order, directing that henceforth, the caste or religion of parties should not be mentioned in the memo of parties in any petition or proceeding filed before the court. This directive is not limited to their court alone; it extends to all High Courts and Subordinate Courts under their jurisdictions.

Conclusion:

This ruling not only addresses the practical matter of transferring a conjugal rights case but also takes a significant step towards eliminating the mention of caste or religion in court documents, emphasizing the need to move beyond such considerations in legal proceedings.