SMITHA RANI Vs. M. J. TARUN

JUDGEMENT

(1.) This petition under Sec. 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.4707/2022 pending on the file of the II Additional Principal Judge, Family Court, Bengaluru to the Senior Civil Judge, Holenarasipura.

(2.) The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 30/11/2008 at Kuruhinashettara Chatra, Chennarayanapattana, Holenarasipura 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 age old mother in Holenarasipura. She also filed Crl.Misc.No.110/2015 before the Civil Judge and JMFC, Holenarasipura for monthly maintenance. In the said case, the respondenthusband is representing through his counsel. Thereafter, the respondent-husband filed a petition under Sec. 13(1) of the Hindu Marriage Act in M.C.No.4707/2022 before the II Additional Principal Judge, Family Court, Bengaluru for restitution of conjugal rights. The case of the petitioner is that since the petitioner is residing in Holenarasipura, it would cause great inconvenience and hardship for her to travel a distance of about 200 kms to Bengaluru 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 arose between the parties, the petitioner is residing with her mother in Holenarasipura. She also filed Crl.Misc.No.110/2015 before the Civil Judge and JMFC, Holenarasipura for monthly maintenance and in the said case, the respondent- husband is representing through his counsel. The mother of the petitioner is aged persons and she has no other relatives or family members to assist her in traveling to Bengaluru, which is at a distance of about 200 Kms, to prosecute the case filed by the respondent-husband in M.C.No.4707/2022 before the II Additional Principal Judge, Family Court, Bengaluru. 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.