D K JANAKI Vs. LINGA RAJU

JUDGEMENT

(1.) This is a Civil Petition filed under Section 24 of the Civil Procedure Code seeking transfer of case No. M.C. 2 of 1989 which is pending before the Civil Judge, Hassan, to the Family Court at Bangalore for being tried along with P. Mis. No. 12 of 1989.

(2.) The material facts of the case are as follows: The petitioner was married to the respondent on 12-6-1977 at Bangalore and, out of the wedlock, are born a son on 22-10-1978 and a daughter on 2-5-1985 at Bangalore. The parents of the petitioner have settled down in Bangalore since 1972, according to the petitioner. The respondent is a Surgeon who is working in a Hospital at Hassan being a Government employee. According to the respondent, he is a specialist in general surgery conducting 15 to 20 operations a week in the hospital at Hassan. The respondent preferred a petition for divorce against the petitioner under Section 13 of the Hindu Marriage Act, 1955, in the Court of the Civil Judge, Hassan, in M.C.No. 2 of 1989. It is further stated that the respondent and the petitioner last resided together only at Hassan. The petitioner also filed a case in P.Mis No. 12 of 1989 not at Hassan but before the Family Court at Bangalore for maintenance at the rate of Rs. 5,000/- per month.

(3.) The point which arises For consideration is whether this is a fit case for transfer of M.C.No. 2 of 1989 from the Court of the Civil Judge at Hassan to the Family Court at Bangalore for being tried along with P.Mis. No. 12 of 1989.