BHAGYALAKSHMI Vs. N.S. SURESH

JUDGEMENT

(1.) The petitioner has sought the transfer of M.C. No. 42 of 2012 from the Court of the Senior Civil Judge, Turuvekere to the Court of the Senior Civil Judge, Hiriyur. The learned Counsel for the petitioner submits that it takes 4 1/2 hours to traverse the distance from Hiriyur to Turuvekere. He submits that the bus connectivity is also not good. He submits that the petitioner is being threatened by the respondent. He submits that the petitioner has already filed C. Misc. No. 23 of 2013 in the jurisdictional Court at Hiriyur. He submits that the petitioner has the financial difficulty in coming to Turuvekere to take part in the proceedings in M.C. No. 42 of 2012.

(2.) The learned Counsel appearing for the respondent submits that the respondent is anxious to take back the petitioner. The notice issued on his behalf is not even replied by the petitioner. He submits that the respondent is an agriculturist and that he has the difficulty in travelling to Hiriyur. He submits that C. Misc. No. 23 of 2013 is only a counter-blast to M.C. No. 42 of 2012. He submits that M.C. No. 42 of 2012 is filed on 11-12-2012 and C. Misc. No. 23 of 2013 is Filed on 21-1-2013.

(3.) It cannot be accepted that the petitioner has any surmounting difficulties so as to prevent her from travelling from Hiriyur to Turuvekere, a distance of 140 Kms. The petitioner's petition is later in point of time. The provisions contained in Section 21-A(2)(b) of the Hindu Marriage Act, 1955, read as follows.--