REENA Vs. S.C.TEJES

JUDGEMENT

(1.) This petition is filed by the petitioner/wife under Sec. 24 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') for transferring of M.C.No.3647/2021 pending on the file of the learned Principal Judge, Family Court, Bangaluru to the learned Principal Judge, Family Court, Belagavi, for disposal of the case in accordance with law.

(2.) The brief factual matrix leading to the case are that the petitioner is legally wedded wife of respondent and their marriage was solemnized on 27/2/2020 at Belagavi and after the marriage, the petitioner and respondent lead their marital life in Bangaluru. Out of the said wedlock they are blessed with a daughter by name Srinika. It is alleged that subsequently the petitioner was subjected to ill-treatment and she was driven out of the house by the respondent/husband and hence, she was compelled to take shelter in her parental house at Belagavi. It is also alleged that she has also filed a complaint under the Provisions of Ss. 498A, 504, 506 R/w Sec. 34 of IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961. It is further the case of the petitioner that meanwhile husband has filed a petition for dissolution of the marriage in M.C.No.3647/2021 on the file of the learned Principal Judge, Family Court, Bangaluru under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955. She asserted that she does not have any means and she is incapable of travelling 500 kmrs from Belagavi to Bangaluru to prosecute the matter. Hence, she has sought for transferring the matter. She has also contended that other proceedings initiated by her are also pending in Belagavi.

(3.) The respondent has appeared through his counsel and seriously objected the transfer petition on the ground that the parties resided together in Bangaluru lastly and merely petitioner is staying in Belagavi cannot be a ground for transfer and hence, he would seek for dismissal of the petition.