AKSHATHA Vs. REVANNAIAH

JUDGEMENT

(1.) This petition under Sec. 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.6/2019 pending on the file of Senior Civil Judge and JMFC, Arakalgudu to the Prl. Family Court, Hassan.

(2.) The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 27/4/2016 at Guruvegowda Kalyana Mantapa, Sakleshpura 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 Sakleshpura from the month of July 2017. Thereafter, the petitioner filed Crl.Misc.929/2019 under Domestic Violence Act before the Court of Prl. Civil Judge and JMFC, Hassan against the respondent and in the said case, the respondent has appeared and prosecuted the case. The respondent- husband filed a petition under Sec. 9 of the Hindu Marriage Act in M.C.No.6/2019 before the Senior Civil Judge and JMFC, Arakalgudu for restitution of conjugal rights. The case of the petitioner is that since the petitioner is residing at Sakleshpura, it would cause great inconvenience and hardship for her to travel a distance of 30 kms to Hassan 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 the parents of the petitioner are aged persons and she has no other relatives or family members to assist her in traveling to Arakalgudu, which is at a distance of 30 Kms, to prosecute the case. In the petition by the petitioner in Crl.Misc.929/2019 under Domestic Violence Act before the Court of Prl. Civil Judge and JMFC, Hassan against the respondent, the respondent has appeared and prosecuted the case. 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.