M MANJULATHA Vs. M L NARASIMHAM

JUDGEMENT

(1.) This is a petition filed by the wife for transfering M.C. No. 259 of 1981, pending in the court of the City Civil Judge, Bangalore, to be tried along with O.P. No. 140 of 1983, on the file of the Chief Judge, City Civil Court, Hyderabad, (A.P).

(2.) The undisputed facts are - the first petitioner and the respondent were married at Hyderabad on 8.3.1981. At the time of the marriage, the respondent was working as a doctor in Iran. After his return to India, the respondent is employed as a Senior House Surgeon in Vishakapatnam, A.P. The respondent's father M. Suryanarayana resides at Bangalore. The married life between the first petitioner and the respondent was short lived. Respondent filed M.C. No. 259 of 1981, before the city civil court, Bangalore, for declaration of nullity of the marriage between him and the first petitioner. M.C. No. 259 of 1981, filed by the respondent- husband was instituted earlier. The first petitioner in her affidavit has stated that she has no relations at Bangalore and has to come to Bangalore only to attend M.C. No. 259 of 1981, wherein she is impleaded as respondent, and on every visit, she has to be accompanied by her father and that she has no means, of her own, to meet the expenses. She also mentioned that respondent himself is staying at Vishakapatnam and he has to come to Bangalore where his parents are staying. The respondent has executed a power of attorney in favour of his father. It was on the ground of convenience that the present petition is filed under Section 23(3) of the Code of Civil Procedure.

(3.) Respondent has filed objections contending that the petition under Section 23(3) C.P.C. is not maintainable since M.C. No. 259 of 1981, filed in Bangalore city Civil Court being an earlier case, there is no justification to transfer the same to the court of the Chief Judge, city civil court at Hyderabad, wherein the first petitioner has filed her case, much later.