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S.24 CPC Can't Be Construed Loosely To Allow Transfer On "Frivolous & Flimsy" Grounds: Punjab & Haryana High Court
Drishti Yadav
6 May 2022 5:30 AM GMT
Punjab and Haryana High Court on April 29, 2022, while dealing with a transfer application in relation to a matrimonial dispute, held that provisions of Section 24 of CPC cannot be construed so loosely to come to the aid of a party on "frivolous and flimsy" grounds.Section 24 prescribes general power of transfer and withdrawal. Sub-clause (1)(a) states: On the application of any of the...
Punjab and Haryana High Court on April 29, 2022, while dealing with a transfer application in relation to a matrimonial dispute, held that provisions of Section 24 of CPC cannot be construed so loosely to come to the aid of a party on "frivolous and flimsy" grounds.
Section 24 prescribes general power of transfer and withdrawal. Sub-clause (1)(a) states: On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same.
It needs to be kept in mind the provisions of Section 24 of the CPC cannot be so loosely construed so as to come to the aid of the wife on frivolous and flimsy reasons for getting the matter transferred, the High Court said.
The bench comprising Justice Fateh Deep Singh while dismissing the petition held that the same is nothing but a pure misuse of the process of the law.
In the instant case, the husband instituted a divorce petition as a consequence of which the wife preferred the present transfer application under Section 24 CPC seeking transfer of this divorce petition from the Court at Panchkula to U.T. Chandigarh.
The primary reason for which she sought transfer of the matter is that it was difficult for her to attend the hearings on each date since her husband is a police constable.
Court noted that the city of Panchkula and Chandigarh are adjoining to each other and are interconnected. There is not much of a difference between the two cities in terms of the distance which could be a cause for inconvenience and hardship.
For the reasons discussed above, the court dismissed the petition finding it sans any merit.
Case Title: Sunita Devi Versus Amrit Lal
Citation: 2022 LiveLaw (PH) 97
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