TIRLOKI NATH SHARMA Vs. OM PARKASH AND ANR.

JUDGEMENT

(1.) PETITIONER has approached this Court seeking transfer of respondent No. 1's complaint filed against him and his son Pankaj Sharma, respondent No. 2, in the Court of City Magistrate, Srinagar, to a Court of competent jurisdiction at Jammu, on the ground that respondent No. 1's complaint was an off -shoot of the matrimonial litigation between respondent No. 1's son and the petitioner's daughter who had been in litigation inter alia over the custody of their minor daughter in Courts at Jammu and that the complaint had been filed at Srinagar to harass the petitioner and his daughter.

(2.) IT is stated that on an earlier occasion also on petitioner's daughter's request, this Court had, while allowing CTA No. 3/2004, transferred respondent No. 1's suit filed against petitioner's daughter at Srinagar, to Jammu which was, however, later dismissed. Another litigation between the parties is also stated to have been transferred from Srinagar to Jammu.

(3.) DURING the course of consideration of petitioner's transfer application, a prima facie view was taken by the Court that there was no sufficient evidence on records justifying issuance of process against the petitioner and his son, respondent No. 2, on respondent No. 1's complaint. A notice was accordingly issued to the respondent to show cause as to why proceedings on respondent's complaint be not quashed.