PRIYA & ANR Vs. ABDESH KONDAL & ORS

JUDGEMENT

(1.) This petition under Sec. 24 of the Code of Civil Procedure has been filed with a prayer to transfer HMA No. 1 of 2018 Annexure P-4 ( petition under Sec. 9 of Hindu Marriage Act) from the Court of learned Senior Civil Judge, Kangra at Dharamshala to that of learned Senior Civil Judge, Chamba on the ground that petitioner No.1 (respondent in the Court below) after being removed by her husband, the respondent No. 1 herein, from the matrimonial home is presently residing with her parents in Mohal Mai Ka Bag, Chamba town, District Chamba, hence it is difficult for her to defend herself in the pending petition filed by respondent No. 1 for a decree of restitution of conjugal rights in the court of learned Senior Civil Judge, Kangra at Dharamshala. Also that, a petition she preferred under Sections 12 and 18 of the Protection of Women from Domestic Violence Act against her husband, respondent No. 1 and his parents respondents No. 2 and 3 is also pending in the same court at Chamba as Senior Civil Judge, Chamba is also the Chief Judicial Magistrate.

(2.) Mr. Govind Korla, Advocate, learned counsel representing the respondents has opposed the petition on the grounds, inter-alia, that the same has been filed merely to delay the proceedings in the pending petition filed in the Court of Senior Civil Judge, Kangra at Dharamshala under Sec. 9 of the Hindu Marriage Act for passing decree of restitution of conjugal rights . Also that the respondents are poor persons, hence to arrange a Counsel at Chamba and attend the hearing there would result in lot of inconvenience and financial hardship to them.

(3.) Having gone through the record of this case and taking into consideration the rival submissions coupled with the law laid down by the Apex court in Rajani Kishor Pardeshi Vs. Kishore Babulal Pardeshi, 2005 12 SCC 237 and Anjali Ashok Adhwani Vs. Ashok Kishinchand Sadhwani, 2009 AIR(SC) 1374, since it is the convenience of the wife paramount consideration while considering an application of this nature coupled with the factum of one more case i.e. a petition under Sections 12 and 18 of the Protection of Women from Domestic Violence Act, Annexure A-1 colly, between the same parties is pending disposal in the same court i.e. Senior Civil Judge, Chamba (on criminal side Chief Judicial Magistrate), the transfer of the petition Annexure A-4 registered as HMA No. 1 of 2018 in the books of the court of learned Senior Civil Judge, Kangra at Dharamshala would be in the interest of the petitioners herein and thereby even no prejudice is likely to be caused to the respondents also as they are defending themselves in the same Court at Chamba in the proceedings initiated by petitioner No. 1 under the provisions of domestic Violence Act. The submission that transfer of the petition Annexure P-4 to Chamba may result in lot of inconvenience and also huge financial loss to the respondents have merely been made for rejection for the reasons that allowing the proceedings to continue in the court of Senior Civil Judge, Kangra at Dharamshala in the pending petition it is the petitioner No.1 who being a lady and her minor daughter petitioner No. 2 dependant upon her would be the sufferer in real sense.