LUBNA ARSHIYA Vs. MR. MOHAMMED AZEEM

JUDGEMENT

(1.) IN this Civil Petition, the petitioner is seeking a direction to transfer the proceedings in G. & W.C. No. 10/2010 pending on the file of the Additional Senior Civil Judge, Chickmagalur, to the Court of Senior Civil Judge, Mangalore. Petitioner is the wife of the respondent. G. & W.C. No. 10/2010 has been filed by the husband/respondent herein seeking custody of the minor children by name master Mohammed Ashfaq Raza and master Atheeq Raza. He has filed this petition on behalf of the two children, describing himself as their natural guardian, requesting the Court to appoint him as guardian of the minor children till they attained majority. The said proceedings are pending on the file of the learned District Judge, Chickmagalur.

(2.) PETITIONER No. 1 herein, who is the wife of the respondent has appeared in the said proceedings and has filed her objections, as could be seen from the order sheet; extract of which is enclosed to the petition. She has cross -examined PWs. 2 and 3 fully on 07/01/2012. The matter was adjourned for further evidence on 28/01/2012. At this stage, the petitioner has approached this Court seeking a direction to transfer this case from the Court at Chickmagalur to the Court at Mangalore.

(3.) AS could be seen from the materials on record and the order sheet produced, the petitioner has effectively participated in the proceedings and has fully cross -examined the witnesses examined by her husband in, the Guardians and Wards case. At this stage, if the proceedings are transferred to the Court at Mangalore, it will retard the progress of the case unnecessarily. As the case has made substantial progress and the petitioner has already participated in the proceedings and witnesses are examined by the petitioner before the trial Court. I am of the view that in the ends of justice the matter should be continued at Chickmagalur and not interrupted at this stage by transferring the same. However, in order to address the hardship which is likely to be caused to the petitioner due to her frequent visit to Chickmagalur, I am inclined to direct the learned District Judge at Chickmagalur to dispose of the case as expeditiously as possible, without giving room to the parties to protract the litigation unnecessarily. It will also be open to the petitioner to make necessary application for payment of costs to meet the expenses required for her to attend the case whereupon, the Court will consider the same in accordance with law.