The jurisdiction of the High Court Bench to entertain an application for transfer of a suit under Section 24 of the Code of Civil Procedure depends on the territorial jurisdiction of the Court in which the suit is pending.

( 1 ) BY means of this application under Section 24 of the Code of Civil Procedure, the applicant smt. Jyotsna Dixit, the wife, defendant in the Matrimonial suit, being Original Suit No. 115 of 1993, pending before the Court of Civil Judge, Khiri, had applied for transfer of the proceeding to the Court of Civil Judge, Varanasi. Admittedly both the Courts at Khiri and Varanasi have territorial jurisdiction and competent to try the suit. The opposite party No. 3 Sri Asitosh Dixit, husband of the plaintiff in the said suit represented by Sri R. K. Awasthi, opposes the said prayer on two fold grounds. His first contention was that the High Court of Judicature at Allahabad has no jurisdiction to entertain the application under Section 24 of the Code, since Khiri is within the jurisdiction of Lucknow Bench of this Court, in view of decision in Was Naseeruddins case. His second contention was that the defendant having last resided together at Khiri and the suit having been instituted at Khirt, the same cannot be transferred only because of the inconvenience of the applicant.

( 2 ) SRI D. K. Singh, learned counsel appearing on behalf of the applicant on the other hand opposes the said contention. He contends that the transfer having been sought to the Court of varanasi, which is within the jurisdiction of Allahabad High Court, the said Bench is competent to decide the application under Section 24 of the Code and the inconvenience of the helpless wife is to be weighed, in the facts and circumstances of the case and on merits, therefore, the application should be allowed.

( 3 ) I have heard both the learned counsel at length. So far as the second contention raised by Mr. Awasthi is concerned, the same does not appear to be sound. Inasmuch as in a matrimonial proceedings, the Courts within the jurisdiction whereof the marriage was solemnised or where the parties had last resided together, would be competent to entertain such proceedings. Admittedly, the marriage was solemnised at Varanasi whereas the parties had last resided together at Lakhimpur Khiri. Therefore, both Courts at Lakhimpur Khiri and Varanasi are competent to entertain the proceedings.

( 4 ) THE provisions for transfer of proceedings in the Code of Civil Procedure are contained under sections 22, 23, 24 and 25 respectively. The procedure under Family Courts Act. 1984 is provided under Section 10 thereof which describes such a family Court to be a civil court and shall have all powers of such Court and that the provisions of Code of Civil Procedure, 1908 would be applicable to the suits and proceedings before the family court except in respect of the proceedings under Chapter IX of the Code of Criminal Procedure, 1973. Thus, while exercising jurisdiction under Family Courts Act, the Court is a civil court governed by the procedure contained in the Code.

( 5 ) IN cases where different courts have Jurisdiction, the plaintiff is arbiter litis. Law gives right to the person initiating proceeding to choose one of the several forums available and as arbiter-litis, he has a right to choose his own forum. But this right is not an absolute right. Sections 22 and 24 has conferred right on the Court to transfer a case from one Court to other. However, such power is to be exercised judiciously. Therefore, the right of the plaintiff is subject to judicious discretion of the Court. The Courts normally exercise such discretion on the basis of application made by one of the parties. Paramount consideration that weighs the Court when transfer is sought by the defendant from one Court to another, is a question of convenience of the parties. If it is proved to the satisfaction of the Court that the proceedings has been initiated with an intention to put the other party to inconvenience, the court may transfer the proceeding to other Court which would be convenient to both the parties. Such a power is exercised under Section 22 of the Code. However, scope of Section 24 is wider,