NARINDER KOUR Vs. SHOBA SINGH

JUDGEMENT

(1.) SHOBA Singh, respondent No.1, filed a civil suit for permanent prohibitory injunction against petitioner No.1, to the effect that she should be restrained from entering into second marriage with proforma respondent No.2 and also restraining the petitioners 2 and 3 and other proforma respondents in assisting her to enter into second marriage. The suit is pending before the learned Munsiff, RS Pura. The prayer made in the suit is as under: -

(2.) IT has gone un -rebutted that the petitioner No.1 and respondent No.1 tied the nuptial knot on 20th of Nov '06, at village Pangha Dohar, according to the Hindu rites, which falls within the territorial jurisdiction of Tehsil and district Samba. It has been asserted that a suit can be filed in a court having territorial jurisdiction where the cause of action has arisen as per the provisions of Section 20 of CPC. Accordingly, either the suit could be filed in the court where the defendants reside or where the cause of action had arisen. It has also come on record that the parties have been living separately. Petitioner No.1, has been living with her father Saza Singh -petitioner No.2, at village Pangha Dohar, tehsil and district Samba, and she has to undertake journey of approximately 120 kms to attend the hearing of the case. She is dependant on her father and cannot incur extraordinary expenses on the litigation and journey.

(3.) IN view of the above, the petition for transfer is allowed. The suit titled as "Shoba Singh v. Narinder Kour alias Manu and others ", pending in the court of learned Munsiff, RS Pura, is ordered to be transferred to the court of learned Munsiff, Samba. The record of the suit is already requisitioned. The Registrar (Judl.) of this Wing, shall take steps to forward the original record of the suit to the court of learned Principal District Judge, Samba, who shall entrust the suit to the court of Munsiff, Samba, as per the jurisdiction. An intimation in that regard be also sent to the learned Munsiff, RS Pura, along with a photocopy of the record. Parties through their counsel are directed to appear before the Principal District Judge, Samba, on 26th of Feb '13.