Benita Maria Eapen vs Biju Varghese

C.M. Poonacha, J

The present petition is filed by the wife seeking for transfer of MC No.22/2024 pending on the file of the Senior Civil Judge and JMFC, H.D. Kote, Mysuru to the Principal Judge, Family Court, Bengaluru.

It is forthcoming that the marriage between the parties was solemnized on 31.08.2009 and a daughter was born to the parties on 08.07.2010 from their wedlock. However, due to various reasons, the parties have been residing separately. It is further forthcoming that various proceedings were initiated between the parties, before the Courts at Bengaluru. The said matters were compromised, despite which the disputes between the parties have not been resolved.

Thereafter, the husband has filed M.C. No.22/2024 under Section 10 of the Indian Divorce Act, 1869 (Hereinafter referred to as ‘Act’) for divorce on the file of the Senior Civil Judge and JMFC, H.D. Kote. Seeking transfer of MC No.22/2024, the present petition is filed.

Learned counsel for the petitioner submits that the husband is gainfully employed, having an independent source of income. That the daughter of the parties is pursuing her education at Bengaluru. That the wife is staying along with her brother at Bengaluru and she is depending on him for the livelihood of herself and the daughter of the parties. Hence, he seeks for allowing of the present petition.

Having regard to the contention that the husband is gainfully employed having an independent source of income, keeping in mind the fact that the daughter of the parties is under the care and custody of the wife and they are living in Bengaluru, as also, since the daughter of the parties is pursuing her education at Bengaluru, having regard to the settled proposition of law as held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA AIR ONLINE 2022 SC 1268 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted.

In view of the aforementioned, the following order is passed:

ORDER

i. The above petition is allowed;

ii. MC.No.22/2024 pending on the file of the Senior Civil Judge and JMFC, H.D. Kote shall stand transferred to the Court of Principal Judge, Family Court, Bengaluru;

iii. The parties shall appear before the Principal Judge, Family Court, Bengaluru on 20.08.2024 without the requirement of any further notice being issued in this regard;

iv. It shall be open to the learned Principal Judge, Family Court, Bengaluru to assign the transferred case to an appropriate Court;

v. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law;

vi. All contentions of the parties are left open.