JYOTSAN DIXIT Vs. CIVIL JUDGE KHIRI

JUDGEMENT

(1.) By means of this application under Section 24 of the Code of Civil Procedure, the applicant Smt. Jyotsna Dixit, the wife, defendant in the Matrimonial suit, being Original Suit No. 115 of 1993, pending before the Court of Civil Judge, Khiri, had applied for transfer of the proceeding to the Court of Civil Judge, Varanasi. Admittedly both the Courts at Khiri and Varanasi have territorial jurisdiction and competent to try the suit. The opposite party No. 3 Sri Asitosh Dixit, husband of the plaintiff in the said suit represented by Sri R. K. Awasthi, opposes the said prayer on two fold grounds. His first contention was that the High Court of Judicature at Allahabad has no jurisdiction to entertain the application under Section 24 of the Code, since Khiri is within the Jurisdiction of Lucknow Bench of this Court, in view of decision in Was Naseeruddin's case. His second contention was that the defendant having last resided together at Khiri and the suit having been instituted at Khirt, the same cannot be transferred only because of the inconvenience of the applicant.

(2.) Sri D. K. Singh, learned counsel appearing on behalf of the applicant on the other hand opposes the said contention. He contends that the transfer having been sought to the Court of Varanasi, which is within the jurisdiction of Allahabad High Court, the said Bench is competent to decide the application under Section 24 of the Code and the inconvenience of the helpless wife is to be weighed, in the facts and circumstances of the case and on merits, therefore, the application should be allowed.

(3.) I have heard both the learned counsel at length. So far as the second contention raised by Mr. Awasthi is concerned, the same does not appear to be sound. Inasmuch as in a matrimonial proceedings, the Courts within the jurisdiction whereof the marriage was solemnised or where the parties had last resided together, would be competent to entertain such proceedings. Admittedly, the marriage was solemnised at Varanasi whereas the parties had last resided together at Lakhimpur Khiri. Therefore, both Courts at Lakhimpur Khiri and Varanasi are competent to entertain the proceedings.