LAWS(HPH)-2013-8-117

RANJANA KUMARI Vs. SANJAY KUMAR

Decided On August 20, 2013
RANJANA KUMARI Appellant
V/S
SANJAY KUMAR Respondents

JUDGEMENT

(1.) This petition at the instance of wife has been filed under Sec. 24 of the Code of Civil Procedure for transferring the case HMA No. 36/2011 titled as Sanjay Kumar Vs. Ranjana Kumari from the court of District Judge, Mandi to the Court of District Judge, Hamirpur.

(2.) It has been submitted by learned counsel for the petitioner that petitioner is residing at Mandi, she is unemployed and it is very difficult for her to pursue the case at Mandi because of the threats of the respondent, who is also resident of District Mandi. The learned counsel for the petitioner has relied Madhu Saxena Vs. Pankaj Saxena (2005) 13 SCC 158 in support of his submission for transferring the case from Mandi to Hamirpur.

(3.) The learned counsel for the respondent has submitted that the petitioner has not approached the Court with clean hands, she was already married. The respondent is serving in the Army and is not presently residing in District Mandi because of his employment with the Army. He has submitted that the allegations of threats to petitioner are unfounded. He has submitted that no case is made out for transferring the case from Mandi to Hamirpur.