ASHA DEVI Vs. ASHOK KUMAR

JUDGEMENT

(1.) A matrimonial dispute is pending before the Additional District Judge (Matrimonial Cases) between the parties. Respondent seeks dissolution of marriage under Section 13 of Jammu and Kashmir hindu Marriage Act, 1980 (for short referred to as the Act) by granting decree of divorce in his favour. This case was being contested by the parties before the trial Court.

(2.) THE petitioner has filed transfer application seeking transfer of case from the district Matrimonial Court, Jammu to samba in view of creation of new District. She has also stated that it will be for the convenience of the parties that the matter is heard by District Court, Samba. She has given details that both the parties reside in tehsil Samba and it will be convenient for them to appear at Samba.

(3.) MR. Johal has taken a legal plea that this Court has no jurisdiction to transfer a matrimonial dispute to any other Court while exercising power under Section 24 of CPC. He states that Jandk Hindu Marriage Act which is a special Act, the power to transfer cases can be exercised only by invoking section 24 of Act. According to Mr. Johal, section 24 terms transfer of a petitions under the Act only in certain cases details of which are given herein below. ,