NIVEDITHA S. Vs. SHERWIN K.

JUDGEMENT

(1.) This petition under Sec. 24 of CPC is filed by the petitioner-wife seeking transfer of M.C.No.213/2023 pending on the file of Senior Civil Judge and Principal JMFC, KGF to the Court of VI Additional Principal Judge, Family Court, Bengaluru.

(2.) The petitioner is the legally wedded wife of the respondent, and their marriage was solemnized on 4/12/2021 at St.Thomas Church, Muskam, Andersonpet Post, K.G.F., Kolar as per Christian rites and customs. After the marriage, the petitioner resided with her husband at her matrimonial home. One son was born out of wedlock. Due to matrimonial disputes, the petitioner started living separately with her parents and minor son in Bengaluru. Thereafter, the petitioner-wife filed M.C.No.1128/2024 before the VI Additional Principal Judge, Family Court, Bengaluru for divorce. The respondent-husband filed a petition for restitution of conjugal rights in M.C.No.213/2023 before the Senior Civil Judge and Principal JMFC, K.G.F. The petitioner's case is that since she resides at Bengaluru, it would cause great inconvenience and hardship for her to travel a distance of 100 kms. to K.G.F. to prosecute the case. Hence, she filed the present petition seeking transfer of the case.

(3.) The learned counsel for the petitioner-wife contended that the parents of the petitioner are aged persons, and she has to take care of them. She has no other family members or relatives to accompany or assist her in traveling to K.G.F., which is at a distance of 100 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 to allow the petition.