C. Nagaveni vs Somashekar

H. Billappa, J.—The petitioner has filed this petition u/s 24 of CPC. praying. for transfer of M.C. No. 280/2009: which is pending on the file of the II Addl. Family Court at Bangalore to the Court of Civil Judge (Sr. Dn.) at Bhadravathi.

It is stated in the petition. the petitioner is staying at Bhadravathi in her parents house. It is also stated. the petitioner has filed C. Misc. No. 2/2009 for maintenance and domestic violence and it is pending at Bhadravathi, Further it is stated. the respondent has filed M.C. No. 280/2009 for dissolution of marriage at Bangalore and the petitioner is without any means and therefore, it is difficult for the petitioner to travel to Bangalore every time to attend the case. It is therefore. the petitioner has prayed for transfer of M.C. No. 280/2009 to the Court of Civil Judge (Sr. Dn.) AT Bhadravathi.

The learned Counsel for the petitioner contended that the petitioner is staying at Bhadravathi and the petitioner is without any means. further he submitted that the respondent is threatening the petitioner and it is difficult for the petitioner to travel lo Bangalore every time to attend the case and the case may be transferred to the Court of Civil Judge (Sr. Dn.) at Bhadravathi.

As against this, the learned Counsel for the respondent submitted that, the respondent is taking care of his children and also his aged mother and therefore. it is difficult for the respondent to travel to Bhadravathi every time to attend the case. He also submitted that. if the case is transferred to Bhadravathi the respondent will be put to great hardship and inconvenience and therefore, the petition may be dismissed.

I have carefully considered the submissions made by the learned Counsel for the parties.

It is not in dispute, the petitioner is staying at. Bhadravathi in her parents house. The petition filed by the petitioner for maintenance and domestic violence is pending at Bhadravathi in C. Misc. No. 2/2009. The respondent has to attend the said case. No doubt the respondent is taking care of his children and also his aged mother, but the fact remains the respondent has to attend the case at Bhadravathi. The petitioner is without any means. Therefore, it is difficult, for the petitioner to attend the case at Bangalore. Therefore, it is proper to transfer the case to Bhadravathi.

Accordingly the civil petition is allowed and M.C. No. 280/2009 which is pending on the file of the II Addl. Family Court at Bangalore is transferred to the Court of Civil Judge (Sr. Dn.) at Bhadravathi. The II Addl. Family Court at Bangalore shall transfer the matter to the court of Civil Judge (Sr. Dn.) at Bhadravathi within four weeks from the date of receipt of a copy of this order The Civil Judge (Sr. Dn.) at Bhadravathi. shall dispose of the matter on merits.