PUSHPALATHA Vs. T. BASAVARAJA

JUDGEMENT

(1.) This petition under Sec. 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.120/2022 pending on the file of Senior Civil Judge and JMFC, Challakere to the Principal Judge, Family Court, Chitradurga.

(2.) The petitioner is the legally wedded wife of the respondent. After the marriage, the petitioner was residing with her husband at her matrimonial house, Gowdigere Village. As matrimonial disputes arose between the parties, the petitioner started living separately with her parents. Thereafter, the respondent-husband filed a divorce petition under Sec. 13(1) of the Hindu Marriage Act in M.C.No.120/2022 before the Senior Civil Judge and JMFC, Challakere. The petitioner also filed Crl.Misc.Nos.139/2012, 602/2015, 389/2018, 170/2019, 354/2020 and 151/2021 seeking maintenance. The case of the petitioner is that since the petitioner is residing at Chitradurga, it would cause great inconvenience and hardship for her to travel a distance of 50 kms to Chitradurga to prosecute the case. Hence, she filed the present petition seeking for transfer of case.

(3.) The learned counsel for the petitioner-wife contended that petitioner has to take care of her aged parents and minor child aged 11 years. She has no other family members or relatives to accompany or assist her in traveling to Challakere, which is at a distance of 50 Kms, to prosecute the case. Moreover, she does not have any source of income. Therefore, if the petition is not transferred, it would cause great inconvenience and hardship to the petitioner-wife. Hence, the learned counsel sought for allowing the petition.