GEETHA Vs. R NANDAKUMAR

JUDGEMENT

(1.) THE petition is by wife Geetha for transfer of O.P. No. 27 of 1995 on the file of Sub-Court, Arni, to the file of Sub Court, Irinjlakuda, Kerala State.

(2.) AS per the allegations she finds it difficult to attend the Court at Arni as she is presently residing at Irinjalkuda, Trichur District. She has further alleged that whenever she visits Arni for attending the case there was threat for life from her husband.

(3.) AS far as the legal position is concerned, Section 23 (3) contemplates that if two Courts are having jurisdiction and situate in two different States having different High Courts, then one of the High Courts can transfer the suit pending in a Court Subordinate to it to another Subordinate Court of another High Court. In my view the emphasis is that both Courts must have jurisdiction. Merely because one party disputes the jurisdiction of one Court that will not take away the power of the High Court under Section 23 (3) of Code of Civil Procedure.