RAKHI RANI SINGH Vs. LAKHAN

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 24 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') for transferring M.C.no.52/2022 pending on the file of learned Senior Civil Judge, Bhalki to the Court of the learned Senior Civil Judge, Gangavathi, for disposal in accordance with law.

(2.) The petitioner asserts that she is the legally wedded wife of respondent and their marriage was solemnized on 18/6/2021 at Kishakinda Heritage Resorts, Koppal, as per the customs prevailed in the Hindu Community. It is also alleged that thereafter both the petitioner and respondent are lived together for some time in Shaktinagar, Taluk and District Raichur as the respondent was working as Assistant Engineer in K.P.C.L. at Shaktinagar. It is alleged that thereafter respondent started harassing the petitioner and he returned to his native place and left petitioner at her native place. It is further the case of the petitioner that thereafter the respondent/husband by making false allegations filed a divorce petition under Sec. 13(1)(i) of the Hindu Marriage Act, 1955, in M.C.No.52/2022 before the learned Senior Civil Judge, at Bhalki, for dissolution of the marriage. It is alleged that false allegations have been made and petitioner is staying in Gangavathi and the distance between Bhalki and Gangavathi is more than 400 km and at present respondent is settled in Gulburga and hence, she is not in a position to travel for a long distance to prosecute the matter. As such, she has sought for transfer of the petition from Bhalki Court to the Senior Civil Judge, Gangavathi.

(3.) The respondent has appeared and contested the matter by disputing the claim. It is contended that the respondent is permanent resident of Bhalki and initially he was working in Shakti Nagar, but subsequently he is transferred to Gulburga. He would contend that the parties last resided together in Bhalki. Hence, he would contend that the Court in Bhalki is having jurisdiction and sought for dismissal of the petition.