VIBHA KAMATH Vs. NARENDRA R. PAI M.

JUDGEMENT

(1.) C.P. No. 196/2018 has been filed by the husband seeking for transfer of proceedings pending on the file of the II Additional Senior Civil Judge and JMFC, Udupi, in M.C. No. 92/2017 that has been instituted for dissolution of matrimonial relationship. Petitioner has sought for withdrawal of the said proceedings with a direction that the same be transferred to the II Additional Principal Judge, Family Court at Bangalore, to be heard and disposed off along with M.C. No. 2570/2017 filed by the petitioner seeking for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act.

(2.) On the other hand, respondent-wife has filed C.P. No. 68/2018 at an earlier point of time seeking for transfer of proceedings in M.C. No. 2570/2017 instituted by the husband seeking for restitution of conjugal rights from the Family Court at Bangalore to the II Additional Senior Civil Judge and JMFC, Udupi.

(3.) The basic facts are not in dispute. It comes out from the pleadings that the matrimonial relationship between the petitioner and the respondent was solemnized on 22/4/2016 and subsequently due to differences, petitioner and respondent have been living apart. Copy of the pleadings have been produced and it is borne out from the records that M.C. No. 92/2017 has been filed by the wife seeking for a decree of dissolution of marriage and for permanent alimony. Copy of the petition filed under Sec. 13(1)(i-a) of the Hindu Marriage Act is produced. Similarly, copy of the petition in M.C. No. 2570/2017 pending before the Family Court at Bangalore filed under Sec. 9 of the Hindu Marriage Act, is also produced. It would indicate that the husband has sought for decree as regards restitution of conjugal rights and the said petition is pending before the Family Court at Bangalore. In order to avoid conflicting decrees, both the matters will have to be decided by the same Court.