CHAMARU RAM Vs. PUSHPA DEVI

JUDGEMENT

(1.) Challenge in this Revision Petition under Section 115 of the Code of Civil Procedure (for short 'Code') has been laid to the order passed by the learned District Judge, Mandi, H.P. on 14.8.2014 whereby he allowed the application of the respondent for transferring of the case under Section 24 of the Code and transferred the same from the court of learned Civil Judge (Senior Division), Sarkaghat to the Court of learned Civil Judge (Senior Division), Court No.1, Mandi.

(2.) The key facts may be noticed. The petitioner filed a suit for declaration that the respondent is not his legally wedded wife and the sons of the respondent are not his sons. Further a declaration was sought to the effect that the entries showing the respondent as wife and sons of the petitioner be adjudged wrong and incorrect and lastly relief of permanent prohibitory injunction was claimed.

(3.) The defendant/respondent contested the suit by raising preliminary objections regarding jurisdiction of the Court at Sarkaghat to try and adjudicate the matter and it was alleged that it is the Court at Mandi, who alone has the jurisdiction to try and decide the present suit. It was also claimed that the defendant had filed an application under the provisions of Protection of Women from Domestic Violence Act against the petitioner which was pending disposal in the Court of learned Judicial Magistrate 1st Class, Court No.II, Mandi and interim maintenance of Rs. 3000/- per month had been granted. Therefore, the suit being a malafide one ought to be dismissed. Other objections regarding cause of action, locus standi, valuation and the suit being bad for non-joinder and mis-joinder of necessary parties was also raised.