NAGARATHNA Vs. JNANESH

JUDGEMENT

(1.) PETITIONER is the wife of the respondent. Their marriage was solemnized on 04.09.1999. Differences having arisen between them, they are staying separately. Respondent is residing at Hassan, whereas petitioner is working in Oriental Insurance Company at Shimoga Respondent -husband has filed M.C. No. 5/2013 on the file of the Senior Civil Judge and CJM, Hassan seeking dissolution of marriage. It is submitted that presently the said case is transferred to the file of Family Court, Hassan. Petitioner has sought for transfer of this case from Hassan to Shimoga. It is the contention of the petitioner that she has to look after her children born from the wedlock between the petitioner and the respondent who are now staying at Shimoga.

(2.) IT is contended by the learned Counsel for the petitioner that petitioner cannot travel all the way to Hassan covering a distance of 220 Kms. to contest the case filed by her husband seeking divorce.

(3.) HAVING heard the learned Counsel for both parties, I find that it is not in dispute that the petitioner is looking after her two children who are staying at Shimoga. There is nobody at home to look after the children. As rightly pointed out by the Counsel for the petitioner, if she is made to travel to Hassan from Shimoga each time the case is posted, there will be nobody to look after the children and the safety and wellbeing of the children is likely to be affected. In such circumstances, the prayer made by the petitioner deserves to be favourably considered. However, the hardship that is likely to be faced by the respondent also has to be taken into consideration. Hence, this civil petition is allowed. M.C. No. 5/2013 now transferred and pending on the file of the Family Court at Hassan, which is re -numbered as M.C. No. 133/2013, is withdrawn and transferred to the Family Court at Shimoga, for trial and disposal. Respondent shall be at liberty to request the Family Court at Shimoga for exemption of his personal appearance whenever necessary and also for dates of his choice for posting the case, subject however, to the convenience of the Court.