M.V.PALLAVI Vs. H.N.SHIVPRASAD

JUDGEMENT

(1.) This petition under Sec. 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.318/2022 pending on the file of Prl. Judge, I Addl. Family Court, Hassan to the Court of Civil Judge and JMFC, Kushalnagar, Kodagu District.

(2.) The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 11/2/2022 at Raitha Bhavana, Kushalnagar, Kodagu 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 Kushalnagar from the month of June 2022. Thereafter, the petitioner filed Crl.Misc.No.139/2022 before the Civil Judge and JMFC, Kushalngar against the respondent seeking maintenance and in the said case, the respondent appeared and prosecuted the matter. The respondent-husband filed a petition under Sec. 9 of the Hindu Marriage Act in M.C.No.318/2022 before the Prl. Judge, Family Court, Hassan for restitution of conjugal rights. The case of the petitioner is that since the petitioner is residing at Kushalnagar, it would cause great inconvenience and hardship for her to travel a distance of 90 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 petitioner filed Crl.Misc.No.139/2022 before the Civil Judge and JMFC, Kushalngar against the respondent seeking maintenance and in the said case, the respondent appeared and prosecuted the matter. He contended that father of the petitioner is aged person and she has no other family members or relatives to accompany or assist her in traveling to Hassan, which is at a distance of 100 Kms, to prosecute 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.