NETRAVATHI H.C. Vs. CHANDRA SHEKAR K.P.

JUDGEMENT

(1.) THIS petition under Section 24 CPC is filed by the petitioner who is the wife of the respondent seeking transfer of Miscellaneous Petition No. 1/2013 and Execution Petition No. 92/2012 pending on the file of the learned Senior Civil Judge, Holenarasipura in Hassan District to the I Additional Judge, Family Court, Bangalore. The marriage between the petitioner and the respondent was solemnized on 22.05.1994 at Harohalli in Arkalgud Taluk of Hassan District. Differences having arisen between the parties, both of them are staying separately. It is not in dispute that both the parties are staying in Bangalore. Petitioner claims that she has been staying along with her brother at Dasarahalli in Bangalore. Respondent who is employed as a driver in BMTC is also presently staying at Bangalore. Petitioner has filed C. Misc. No. 94/2012 on the file of the I Additional Civil Judge, Family Court, Bangalore, seeking maintenance. Respondent -husband had instituted proceedings in M.C. No. 11/2011 seeking restitution of conjugal rights before the Court of the Senior Civil Judge, Holenarasipura. The said matrimonial case was allowed on 26.05.2012. He has filed Execution Petition No. 92/2012 to enforce the said decree. Contending that the ex -parte decree passed was obtained by the respondent without her knowledge and notice, the petitioner has filed Misc. Petition No. 1/2013 seeking to set aside the ex -parte decree and for restoration of matrimonial case. It is in this background, the present petition under Section 24 CPC is filed by the wife seeking transfer of the proceedings in Misc. Petition No. 1/2013 and Execution Petition No. 92/2012 to the Family Court at Bangalore for disposal in accordance with law.

(2.) I have heard the learned counsel for both parties. It is not in dispute that both parties are residing at Bangalore. Keeping in mind the convenience of both parties and the nature of the litigation, I find it just and appropriate to direct withdrawal of Misc. Petition No. 1/2013 and Execution Petition No. 92/2012 from the file of the learned Senior Civil Judge, Holenarasipura and transfer the same to the Court of I Additional Judge, Family Court, Bangalore, where C. Misc. No. 94/2012 filed by the petitioner against the respondent is pending. This order being for the benefit of both parties and there being no legal impediment to do so, petition is accordingly allowed.