SUNITHA Vs. SHARANABASAVARAJ

JUDGEMENT

(1.) This petition is filed under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of matrimonial case in M.C.No.4590/2017 from the Court of the V Addl. Principal Judge, Family Court, at Bengaluru to the Court of the Principal Judge, Family Court at Raichur.

(2.) Learned counsel for the petitioner submits that the marriage between the parties herein was solemnized on 15.05.2004 and the petitioner gave birth to a male child on 14.11.2008. However, the respondent has filed a petition seeking decree of divorce before the V Addl. Principal Judge, Family Court, at Bengaluru in M.C.No.4590/2017 on 13.09.2017. The learned counsel further submits that the petitioner has also filed a petition seeking restitution of conjugal rights in M.C.No.3/2018 before the Senior Civil Judge and JMFC., at Devadurga, Raichur District. The learned counsel for the petitioner submits that the petitioner is without any means and she is residing in the parental house depending on her aged parents. On the other hand, it is submitted that the respondent is well off doing real estate business in Bengaluru and it will not be difficulty for the respondent to attend to the Court proceeding in Raichur.

(3.) Learned counsel for the respondent submits that the respondent is ready and willing to bear the travel expenses as well as the boarding and lodging of not only the petitioner but also any other person who accompanies the petitioner. Learned counsel further submits that it is an undisputed fact that the only child born out of the wedlock of the parties herein is staying with the respondent-father at Bengaluru and the respondent has been taking care of the son, who is aged about 11 years. Learned counsel places reliance upon a decision of a co-ordinate Bench in the case of Mrs. Aparna P Garg v. Samooh Kejriwal, reported in 2018 (1) AKR 183 to buttress his argument that when the respondent is ready and willing to bear the travel expenses and also boarding and lodging expenses of not only the petitioner but also any person who would accompany the petitioner, then on the principles of equity, this Court should direct the petitioner to accept the offer made by the respondent to attend to the Court proceedings at Bengaluru.