Case Note & Summary
The applicant, Bismillah w/o Mirza Muzahid Beg, filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Regular Civil Suit No. 53 of 2012 from the Court of Civil Judge, Junior Division, Malegaon, District Washim to the Court of 10th Joint Judicial Magistrate, First Class, Aurangabad. The applicant is the wife of the respondent, Mirza Muzahid Beg Aman Beg. The suit was filed by the respondent against the applicant. The applicant contended that she resides in Aurangabad with her parents, has no male escort to accompany her to Malegaon, and fears for her safety. The respondent opposed the transfer, arguing that the suit was filed at Malegaon and the applicant can attend court with her relatives. The Court considered the convenience of the parties and held that the balance of convenience lies in favour of the applicant. The Court allowed the application, transferring the suit to Aurangabad, and directed the respondent to bear the costs of the transfer. The Court also directed the transferee court to dispose of the suit expeditiously.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 Code of Civil Procedure, 1908 - Transfer on Grounds of Convenience and Safety - The applicant wife sought transfer of a civil suit from Malegaon to Aurangabad, citing difficulty in traveling due to lack of male escort and safety concerns. The Court allowed the transfer, holding that the balance of convenience lies in favour of the applicant, and the respondent can defend the suit at Aurangabad without prejudice. (Paras 2-5)
Issue of Consideration
Whether the Regular Civil Suit No. 53 of 2012 pending before the Civil Judge, Junior Division, Malegaon should be transferred to the Court of 10th Joint Judicial Magistrate, First Class, Aurangabad on the grounds of convenience and safety of the applicant wife.
Final Decision
The application is allowed. Regular Civil Suit No. 53 of 2012 pending before the Court of Civil Judge, Junior Division, Malegaon is transferred to the Court of 10th Joint Judicial Magistrate, First Class, Aurangabad. The respondent shall bear the costs of the transfer. The transferee court is directed to dispose of the suit expeditiously.
Law Points
- Transfer of suit
- Section 24 CPC
- convenience of parties
- safety of applicant
- balance of convenience
