(1.) This petition under Sec. 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.44/2022 pending on the file of Senior Civil Judge & JMFC, Sakaleshpura, Hassan to the Court of Principal Judge, Family Court, Chikkaballapura.
(2.) The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 21/5/2022 at Lakshmi Venkateshwara Kalyana Mantapa, Chikkaballapura as per Hindu rites and customs. After the marriage, the petitioner was residing with her husband at her matrimonial house. As matrimonial disputes arose between the parties, the petitioner started living separately with her parents in Chikkaballapura since October 2022. Thereafter, the petitioner filed Crl.Misc.No.72/2022 before the Prl. Judge. Family Court, Chikkaballapura against the respondent seeking maintenance. The respondent-husband filed a divorce petition under Sec. 13(1) of the Hindu Marriage Act in M.C.No.44/2022 before the Court of Senior Civil Judge & JMFC, Sakaleshpura. The case of the petitioner is that since the petitioner is residing at Chikkaballapura, it would cause great inconvenience and hardship for her to travel a distance of 260 kms to Sakaleshpura 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 after the marriage, the petitioner resided at her matrimonial house only for a period of 5 months. Due to matrimonial dispute, she started living with her parents. The parents of the petitioner are aged more than 60 years and she has no other family members or relatives to accompany or assist her in traveling to Sakaleshpura, which is at a distance of 260 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.