LAWS(HPH)-2014-10-4

SANJAY KUMAR GANGANIA Vs. RITA SHARMA

Decided On October 08, 2014
Sanjay Kumar Gangania Appellant
V/S
Rita Sharma Respondents

JUDGEMENT

(1.) THE petitioner has preferred this petition under Section 24 of the Code of Civil Procedure read with Article 227 of the Constitution of India for transferring the case (HMA) No. 52/2013 from the Court of Addl. District Judge (1) Mandi, Camp at Sundernagar to the Court of learned District Judge Mandi.

(2.) THE ground for transfer as set out in the petition is that since a petition under Section 12 of the Protection of Women from Domestic Violence Act is pending at Mandi for adjudication before the Court of learned Judicial Magistrate Ist Class at Mandi, therefore, this petition also be transferred there in order to facilitate both the parties. It is further alleged that the petitioner feels humiliated at Sundernagar at the hands of relatives of the respondent, because all the relatives of the respondent are permanent residents of Tehsil Sundernagar and always threatened the petitioner to give divorce to the respondent for which the petitioner is not agreeable.

(3.) IT cannot be denied that the respondent as arbiter litis or Dominus litis has a right to choose any forum. This is however subject to control under Sections 22 to 24 of the Code of Civil Procedure. The burden lies upon the applicant to make out a strong case for transfer as mere balance of convenience in favour of petitioner in any Court is not a sufficient ground. Though, in a given case it may be a relevant consideration. Here even the balance of convenience can not be considered in favour of the petitioner since the petitioner admittedly is residing at Mumbai and in any case is required to attend the proceedings in Himachal Pradesh either at Mandi or Sundernagar.