VISHAL KHAKHANDAKI Vs. ASHWINI KHAKHANDAKI

JUDGEMENT

(1.) This is a petition under Section 24 of C.P.C. seeking transfer of Child Custody Proceeding, G. & WC. No.229/2016 from the Court of III Addl. Prl. Judge, Bengaluru, to Family Court, Belagavi.

(2.) The petitioner is the husband and the respondent is the wife. Their marriage was solemnized on 12.08.2009 as per Hindu rites and customs at Arya Vysya Abhyudhaya Sangam, Secunderabad. On 26.07.2010, the respondent gave birth to a male baby that was named Vikhyath, and for the custody of this child that the petitioner and the respondent are fighting.

(3.) The petitioner has stated that after the marriage he and his wife moved to Chennai for higher learning and in search of better prospects. Thereafter the petitioner took up an employment at Bengaluru, and therefore, they both came to Bengaluru. In the year 2013, the petitioner started his own clinic, Vikyath Eye and Retina Centre taking financial assistance from his parents, who sold their ancestral property and gave the money to the petitioner to the extent of one crore for purchasing the equipments required for the clinic. As the petitioner's family faced financial hardship at Bengaluru, the petitioner and the respondent agreed to move over to Belagavi, the petitioner's native place, for better prospects and in the best interest of the family. The petitioner wound up his medical practice at Bengaluru and moved to Belagavi in the month of May 2016. At that time, the petitioner brought his son with the consent of the respondent and got him admitted to a school at Belagavi. The respondent, who had agreed in the beginning to relocate to Belagavi, changed her mind and refused to come over to Belagavi. The petitioner has alleged that the respondent developed repulsive attitude and was quarrelling with him on trivial matters. This resulted in disturbing the peaceful atmosphere at home. The respondent, after refusing to come to Belagavi, started living in a PG Hostel and then initiated divorce proceedings at Family Court, Bengaluru. Thereafter, she made a separate petition to obtain the custody of child. The petitioner has sought the transfer of this petition to the Family Court, Belagavi .