SRUJANA Vs. YALLAPPA

JUDGEMENT

(1.) The petitioner/ wife has filed this Civil Petition under Sec. 24 of CPC seeking transfer of MC Petition No.15/2020 from the Court of the Senior Civil Judge and JMFC, Kundagol to the Court of Senior Civil Judge and Principal, JMFC, Yellapur. It is the contention of the petitioner that she is residing at Yellapur along with her minor children and she is taking care of her minor children and parents and it is highly difficult for her to travel from Yellapur and Kundgol which is about 100 Kms away to attend the Court proceedings. The petitioner has also filed Crl. Misc. Petition No.37/2017 at Yellapur and the same was allowed. However, since the respondent has not been paying the maintenance as awarded, she has filed a execution proceedings at Yellapur and the respondent has been attending to the proceedings at Yellapur.

(2.) Learned counsel for respondent on the other hand contends that all though the petitioner has engaged a learned counsel to conduct the proceedings at Kundgol, nevertheless, she has not attended any of the Court proceedings at Kundgol. Moreover, the respondent is ready to bear the travel expenses of the petitioner, if she travels from Yellapur to Kundagol to attend to the Court proceedings.

(3.) On hearing both the counsels and perusing the petition papers, this Court finds that the balance of convenience lies with the petitioner/ wife. She has to take care of a minor children and her parents and moreover the respondent is already due to pay the maintenance awarded in the Criminal Miscellaneous Petition and the respondent has been attending to the proceedings at Yellapur in the execution proceedings.