PAVITRA Vs. DINESH

JUDGEMENT

(1.) This petition under Sec. 24 of CPC is filed by the petitioner-wife seeking transfer of M.C.No.54/2022 pending on the file of the Senior Civil Judge and JMFC, Arasikere, Hassan District to the Court of Senior Civil Judge and JMFC, Jagaluru, Davanagere District.

(2.) The petitioner is the legally wedded wife of the respondent, and their marriage was solemnized on 14/8/2020 at Kengurabarahatti Village, Banavara Hobli, Arasikere Taluk, Hassan District as per Hindu rites and customs. After the marriage, the petitioner resided with her husband at her matrimonial home. Due to matrimonial disputes, the petitioner started living separately with her mother in Somanahalli, Jagaluru Taluk, Davanagere District. The respondent-husband filed a petition for dissolution of marriage in M.C.No.54/2022 before the Senior Civil Judge and JMFC, Arasikere. The petitioner's case is that since she resides at Jagaluru, it would cause great inconvenience and hardship for her to travel a distance of 200 kms. to Arasikere 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 mother of the petitioner is aged person, and she has to take care of her. She has no other family members or relatives to accompany or assist her in traveling to Arasikere, which is at a distance of 200 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.