Jammu & Kashmir High Court
Anju Bala vs Nirbal Kumar on 14 November, 2013
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CTA no. 8/2013
Date of order: 14.11.2013
Anju Bala Vs. Nirbal Kumar
Coram:
Hon'ble Mr. Justice M. M. Kumar, Chief Justice
Appearing counsel:
For the Petitioner(s) : Mr. J. P. Sharma, Advocate.
For the respondent(s) : Mr. B. R. Sharma, Advocate.
1. The instant petition filed under Section 24 of the Code of Civil Procedure prays for transfer of petition under Section 13 of the Hindu Marriage Act, titled as Nirbal Kumar v. Anju Bala pending before the learned District Judge Rajouri to the Court of learned Sub Judge Nowshera.
2. According to the averments made in the petition, the petitioner has stated that she has been turned out of her matrimonial house and even the custody of her two minor children has not been granted to her. She has filed a petition under Section 488 Cr.P.C in the Court of learned Sub Judge Nowshera where the respondent has been appearing. It is stated that she has to travel about 57 kilometers to reach the Courts at Rajouri whereas the respondent, who is already defending litigation under Section 488 Cr.P.C at Nowshera has to travel only 38 kilometers to reach Nowshera. The petitioner has stated that being unemployed and without any means she 2 would not be able to defend the litigation at Rajouri and instead respondent can defend and prosecute his litigation at Nowshera as he is already appearing in another litigation in that Court. Learned counsel for the petitioner has also pleaded that convenience of wife has to be taken into account in such like matters.
3. Objections have been filed by the respondent wherein he has stated that as the father of the petitioner is a Sarpanch and her brother being a transporter, the petitioner can easily prosecute the litigation at Rajouri. It has further been stated that respondent has threat to his life in case he appears in the Court at Nowshera.
4. I have heard the learned counsel for the parties at some length and am of the view that this petition deserves to be allowed.
5. The allegation of threat to the life of the respondent, though pleaded, has not been substantiated by any evidence. There is nothing on record to show that when and in what manner such threats have been extended to him. The plea of the respondent that petitioner's brother is a transporter and as such she can defend the litigation after traveling a distance of 58 kilometers away from her residence cannot be accepted because the petitioner has no means of earning and she cannot be made to travel such a long distance to defend the litigation, 3 particularly when the respondent is already defending the petition under Section 488 Cr.P.C at Nowshera. For this proposition support can be drawn from the judgments rendered by Hon'ble the Supreme Court in the cases of Uma Parekh v. Ajeet Pareek (2005) 9 SCC 600 and Laxmi Devi v. Rajesh Kumar Sanadhya (2002) 10 SCC 693. Therefore, the petition deserves to be accepted.
6. As a sequel to the above discussion, this petition succeeds. The proceedings in case titled Nirbal Kumar v. Anju Bala, pending in the court of learned District Judge Rajouri are ordered to be transferred to the Court of learned Sub Judge, Nowshera. Learned District Judge Rajouri shall transmit the record of the file to the learned Sub Judge Nowshera after retaining a photocopy of the file for record. Parties through their counsel are directed to appear before learned Sub Judge Nowshera on 10.12.2013.
(M. M. Kumar) Chief Justice Jammu, 14.11.2013 Anil Raina, Secy.
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