CHANDRIKA RAO H. W/O SRI SRINIVAS NAYAK Vs. SRI SRINIVAS NAYAK S/O LATE SRI RAMAKRISHNA NAYAK AND SRI M. GANGADHAR NAYAK

JUDGEMENT

(1.) IN this civil petition, the petitioner who is the wife of respondent No. 1 has sought for transfer of M.C. 25/2009 filed by respondent No. 1 before the Court of the Prl. Civil Judge (Sr. Dn.) at Uadupi to a Court of competent jurisdiction at Mangalore.

(2.) THE petitioner has stated that the marriage between the petitioner and respondent No. 1 took place on 6/5/1990 at Udupi and that they have a son by name 'Shreyas', who is aged about 19 years and is attending college; that the petitioner is working in the Postal Department and the respondent is a practicing advocate at Udupi. That the respondent has filed MC. 25/2009 before the Court of the Pri. Civil Judge (Sr. Dn.) at Udupi, seeking relief of divorce. A copy of the said petition is produced as Annexure "A" to this civil petition. The reason for seeking transfer of MC. 25/2009 according to the petitioner is that one Sri P.N. Prasanna Kumar Rao, Advocate at Udupi, was representing her and that he has retired from the case i.e., in MC. No. 25/2009. The petitioner apprehends that since respondent No. 1 is a practicing advocate at Udupi, he would exercise influence on the members of the Bar who would not extend their assistance to the petitioner and as a result, there would be lack of legal assistance that would prejudice the petitioner and therefore, under that apprehension, the petitioner has sought for transfer of MC. 25/2009 from the Udupi Court to a Court of a competent jurisdiction at Mangalore.

(3.) I have heard the learned counsel for the petitioner and the learned counsel for respondent No. 1 and perused the material on record.