VANI. M Vs. YALLAPPA SHRIMANTH NAVI

JUDGEMENT

(1.) This petition under Sec. 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.148/2021 pending on the file of I Addl. Principal Judge Family Court, Vijayapura to the Family Court, Bengaluru.

(2.) The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 12/12/2013 at Kudal Sangam, Bagalkot 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 Bengaluru. Thereafter, the respondent-husband filed a divorce petition under Sec. 13(1) of the Hindu Marriage Act in M.C.No.148/2021 before the I Addl. Principal Judge, Family Court, Vijayapura. The case of the petitioner is that since the petitioner is residing at Bengaluru, it would cause great inconvenience and hardship for her to travel a distance of 520 kms to Vijayapura 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 matrimonial dispute, the petitioner started living separately with her parents and she to take care of her aged parents. The respondent is working in Bengaluru and since his native is Vijayapura, he has filed the divorce petition before the Court at Vijayapura. The petitioner has no other family members or relatives to accompany or assist her in traveling to Vijayapura, which is at a distance of 520 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.