LAWS(KAR)-2014-6-51

GEETA S. KALAL Vs. SURENDRA K.

Decided On June 06, 2014
Geeta S. Kalal Appellant
V/S
Surendra K. Respondents

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 24 of the CPC praying for transfer of M.C. No. 16/2013 which is pending on the file of the Senior Civil Judge and JMFC, Hospet, to the Family Court at Belgaum.

(2.) IT is stated, the marriage between the petitioner and the respondent was solemnized on 24.04.2004 at Maratha Managal Karyalaya Trust, Basavangalli, Hosuru, Belgaum. Out of the wedlock, the petitioner and the respondent had twins. However, one of them died long back. The respondent has filed divorce petition on the ground of cruelty. It is also alleged that the petitioner had illicit relationship with one Shariff. The petition is pending on the file of Senior Civil Judge and JMFC, Hospet in M.C. No. 16/2013. The petitioner is staying with her parents at Belgaum. It is difficult for the petitioner to travel to Hospet every time to attend the case. Therefore, the petitioner has prayed for transfer of M.C. No. 15/2013 which is pending on the file of Senior Civil Judge and JMFC, Hospet, to the Family Court at Belgaum.

(3.) THE learned counsel for the petitioner contended that the petitioner is staying with her parents at Belgaum and the case is pending at Hospet and it is very difficult for the petitioner to travel to Hospet every time to attend the case. He also submitted that the petitioner has got a small child and she is unable to attend the case at Hospet. Therefore, M.C. 16/2013 may be transferred to the Family Court at Belgaum.