T MAMATHA Vs. G HAMPESH

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 24 of the Civil Procedure Code, 1908, praying for transfer of M.C. No. 94 of 2009, which is pending on the file of the Additional Civil Judge (Senior Division) and CJM at Tumkur to the Court of Civil Judge (Senior Division) at Chitradurga.

(2.) IT is stated in the petition, the marriage between the petitioner and the respondent was solemnised at Chitradurga on 9-12-2001 and a male child was born on 5-9-2002. IT is also stated, the respondent is working as a Head-Master in Maruti Vidhya Samsthe, Kote Betta, Nagamangala. Further it is stated, the respondent teased the petitioner and demanded dowry. IT is also stated, the petitioner went to delivery and the respondent or his parents did not go to see the child. Further it is stated, the petitioner had filed maintenance petition and it was allowed and the respondent has filed revision petition and it is pending at Chitradurga. IT is also stated, the petitioner is unable to travel to Tumkur to attend the case. IT is therefore, the petitioner has prayed for transfer of M.C. No. 94 of 2009 to the Court of Civil Judge (Senior Division) at Chitradurga.

(3.) AS against this, the learned Counsel for the respondent submitted that the respondent is jobless and it is difficult for the respondent to attend the case at Chitradurga and if the case is transferred to Chitradurga the respondent will be put to great hardship. He also submitted that the petitioner has not joined the respondent in spite of decree for restitution of conjugal rights. Further, he submitted that the petitioner is earning and she will not be put to any hardship if the case is not transferred and therefore, the petition may be dismissed.