(1.) THIS petition is by the wife against her husband to withdraw and transfer MC. No. 1751/2013 pending on the file of V Additional Family Court at Bangalore, to the Court of Additional Senior Civil Judge and JMFC at Madhugiri, for being tried along with MC. No. 52/2013. Marriage of the parties was solemnized on 06.06.2010. On account of the differences, the spouses are now living away from each other. Respondent has filed a petition under Section 9 of the Hindu Marriage Act, in the Family Court at Bangalore, registered as MC. No. 1751/2013 seeking restitution of conjugal rights. Petitioner has filed MC. No. 52/2013 in the Court of Senior Civil Judge at Madhugiri, to pass a decree and dissolve the marriage solemnized on 06.06.2010.
(2.) PETITIONER is a student and has no means to travel from Madhugiri to Bangalore, which is more than 100 Kms distance. Even otherwise, MC. No. 52/2013 being a comprehensive petition, MC. No. 1751/2013 pending in the Family Court at Bangalore is required to be tried along with MC. No. 52/2013. Since there is case and counter case and the convenience of the wife being the material factor in this kind of matters, in view of the facts stated and the grounds raised in the petition, the petition deserves to be allowed. In the result, petition is allowed. MC. No. 1751/2013 pending in the Court of V Additional Principal Judge, Family Court, Bangalore, is hereby withdrawn and transferred to the Court of Additional Senior Civil Judge and JMFC, Madhugiri, wherein MC. No. 52/2013 is pending. The V Additional Principal Judge, Family Court, Bangalore, is directed to transfer the record of MC. No. 1751/2013 to the Court of Additional Senior Civil Judge and JMFC at Madhugiri, within a period of one month and the learned Additional Senior Civil Judge and JMFC at Madhugiri, shall decide both the cases with expedition and within a period of one year from the date of first appearance of the parties. Both the parties shall extend ready co -operation and shall not seek any unnecessary adjournment/s in the matter. In the circumstances of the case, the parties are directed to bear their respective costs.