SARITA Vs. KRISHNA

JUDGEMENT

(1.) THE wife filed the above Civil Petition under Section 24 of the Code of Civil Procedure against the respondent -husband to transfer M.C. No. 3/2015 on the file of Senior Civil Judge and JMFC, Mudhol, to the Court of Senior Civil Judge & JMFC, Davanagere.

(2.) IT is the case of the petitioner that the marriage between the petitioner and respondent was performed on 30.1.1996 at Banashankari Kalyan Mantap, Dharwad, and out of their wedlock two male children were born, who are named Pranav and Pawan aged about 16 and 18 years respectively.

(3.) THE respondent filed objections and denied the entire plaint averments and contended that the M.C. case is posted for judgment and cannot be transferred now at this stage. Since the Civil Petition, itself is not maintainable as the trial of the said case is over and the case is posted for pronouncement of the judgment on the main petition. Therefore, the grounds pleaded by the petitioner in the present petition has become infructuous and hence Civil Petition is liable to be dismissed.