R N SHOBHA MANJUNATH Vs. K S MANJUNATH

JUDGEMENT

(1.) The petitioner has filed this petition under Section 24 of CPC, praying for transfer of M. C. No. 39/1994. which is pending on the file of the Principal Civil Judge (Sr. Dn.), Tumkur to the Family Court at Mysore.

(2.) it is stated in the petition, the marriage between the petitioner and the respondent was solemnized on 3-5-1990 and the petitioner and the respondent lived together and thereafter the petitioner gave birth to a female child and went to matrimonial home and she was sent back and she is staying at Mysore with her parents. It is also stated, it is difficult for the petitioner to travel to Tumkur to attend the case and maintenance proceedings are pending at Mysore. It is therefore, the petitioner has prayed for transfer of M. C. No. 39/1994 to the Family Court at Mysore.

(3.) The respondent has filed his objections contending that M.C. petition was filed in the year 1994 and the petitioner is not co-operating in disposing of the matter. It is also stated, the petitioner has filed suit for partition at Turuvekere in O. S. No. 123/2006 and she is attending the said case. It is therefore, the respondent has prayed for dismissal of the petition.