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2018 DIGILAW 150 (JK)

Yasmeena Akhter v. Tariq Ahmad Gosani

2018-03-12

M.K HANJURA

body2018
JUDGMENT : M.K Hanjura, J. The applicant herein this application filed under section 24 of the Code of Civil Procedure seeks the transfer/withdrawal of the Civil suit titled as “Tariq Ahmad Gosani vs. Yasmeena Akhter” from the court of City Munsiff/1st Class Judicial Magistrate Srinagar to the Court of Ld. Chief Judicial Magistrate, Anantnag, on the grounds inter-alia, that on 28.05.2015 she filed an application under section 488 CrPc, 1973 before the Court of Ld. Chief Judicial Magistrate, Anantnag, and in addition to it she filed another application under the provisions of Domestic Violence Act, which is subjudice in the Court of the Ld. Munsiff Anantnag. She was constrained to take resort to this course after she was thrown out by the respondent (i.e. her husband) from her matrimonial home. She was compelled to take refuge in her parental home because of the rude and abominable behavior of the respondent. The applicant has proceeded to state that after the institution of the above said proceedings at Anantnag, the nonapplicant filed a suit for Declaration and Injunction before the Court of Ld. Principal District Judge Srinagar on 06th of June 2015 which in turn came to be transferred to the Court of the Ld. City Munsiff 1st Class Judicial Magistrate Srinagar. 2. The applicant has further contended that she was beaten and rebuked by the non-applicant and his relatives within the court premises at Srinagar and they do not allow her to pursue the cause at Srinagar. At one point of time ex-parte proceedings were initiated against her in the said suit which were latter on set aside by the Court. The applicant has further pleaded that her father is a poor man. He is not in position to bare her travel expenses and to crown it all two cases are already pending disposal before the Courts situated at Anantnag between the same parties covering almost the same subject matter and in order to avoid any conflict in the judgments, her application may be allowed. The applicant has also stated that she is blessed with two daughters one of whom is a suckling babe and her absence will tell upon their health. 3. Heard and considered. 4. The non-applicant appeared before the Registry on 01.03.2018 but did not turn up before this Court on the appointed date. The applicant has also stated that she is blessed with two daughters one of whom is a suckling babe and her absence will tell upon their health. 3. Heard and considered. 4. The non-applicant appeared before the Registry on 01.03.2018 but did not turn up before this Court on the appointed date. He has not rebutted the contents of the application of the petitioner inasmuch as he has not filed any objections. Therefore, the contents of the application of the applicant have to be presumed to be true and correct. 5. Section 24 of the Civil Procedure Code is based on the doctrine of forum convenience which means a forum best suited to the parties where a fair trial can be held. The convenience of the wife has to be given due weightage and is of paramount important as has been held by the Apex Court of the country in case titled “Sumitra Singh vs. Kumar Sanjay and Anr” reported in AIR 2002 SC 396 . The relevant para of which is reproduced below verbatim:- 3. It is the husband's suit against the wife. It is the wife's convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute. 6. The wife that is the applicant shall be put to all inconvenience in case she is asked to travel from Anantnag to Srinagar where two other cases filed by the applicant/wife are subjudice. Therefore, the application of the applicant is allowed and it is directed that the case titled Tariq Ahmad Gosani vs. Yasmeena Akhter which is pending disposal before the Court of Ld. City Munsiff 1st Class Judicial Magistrate Srinagar shall stand transferred to the Court of competent jurisdiction i.e. the Court of the Ld. Chief Judicial Magistrate, Anantnag. A copy of this order shall be sent to both the courts below for information and compliance. 7. Disposed of accordingly.