ROSALIND MARGARET BAKSH Vs. DISTRICT JUDGE COLAGHAT

JUDGEMENT

(1.) Heard Mr. J. Roy, learned counsel for the petitioner and Mr. T.J. Mahanta, learned counsel for the respondent.

(2.) This petition under Section 24 CPC is filed by the wife for transfer of the suit filed by the husband, for judicial separation, in the Court of the District Judge, Golaghat to the Family Court at Guwahati on the ground that the petitioner resides at Guwahati and has a four months old daughter and, therefore, it is difficult for her to travel from Guwahati to Golaghat to contest the matter of Golaghat.

(3.) Whenever a party approach the court or is called upon to defend in the court, some sort of inconvenience is unavoidable and the inevitable result of the parties have to adjust their affairs in accordance with the schedule fixed by the Court in a case, but that cannot be a ground for transfer of a case from one court, having jurisdiction to try the proceedings, to some other court, having territorial jurisdiction or not. The inconvenience or difficulty contemplated under Section 24 CPC for transfer of a case should be of such nature which may lead to injustice, if the party is asked to continue the trial at a place, where it has been instituted, or when the Court comes to the conclusion that the suit has been filed in a particular court for causing injustice. As a general rule courts should not interfere and transfer a matter unless the expenses and the difficulties would lead to the injustice. In the matter of transfer of the case from one court to another the main consideration is failure of justice and, therefore, a case is to be made out that the party has a reasonable apprehension that justice will be denied to him. In the present case, the cause shown for transfer of the case is not of such magnitude where inference can be drawn that the petitioner will not be in a position to contest the case at the Court at Golaghat and non-transfer of the matter will result in failure of justice. Apart from this, as on to-day, the child is sufficiently old to travel with the mother whenever is called upon to appear in the case at Golaghat or to be kept with close relations. The matter is pending consideration in the Court of the District Judge, Golaghat and, therefore, the petitioner can certainly engage a counsel to appear in the case and it would not be necessary for her to appear in the Court on each and every day.