Deepa vs Kiran

H. Billappa, J.—The petitioner has filed this petition u/s 24 of CPC praying for transfer of G & W. No. 2/2012, which is pending on the file of Family Court at Davanagere to the Family Court at Dharwad.

It is stated, the petitioner married the respondent on 14.4.2000 at Harihar. Thereafter on 8.6.2005, the petitioner gave birth to a female child by name Riya. Subsequently, the petitioner filed divorce petition in M.C. No. 12/2008 on the ground of cruelty. It was renumbered as M.C. No. 60/2011 when Family Court was established at Dharwad. The Family Court has allowed M.C. No. 60/2011 and the marriage between the petitioner and the respondent has been dissolved.

It is stated, the petitioner had filed petition for maintenance in Crl. Misc. No. 39/2008 before the II Additional Civil Judge (Jr. Dn.) & JMFC-II, Dharwad. The said petition came to be allowed vide order dated 29.10.2010 directing the respondent to pay maintenance at Rs. 2,500/- each to the petitioner and her daughter. In the criminal revision petition, the order has been modified.

It is stated, with ulterior motive, the respondent has filed petition u/s 17 of Guardian and Wards Act 1890 r/w. section 26 of the Hindu Marriage Act 1955 against the petitioner for custody of the child before the Family Court at Davanagere in G & W. No. 2/2012. After receipt of notice, the petitioner has appeared before the Court. It is stated, it is only to harass the petitioner the respondent has filed the petition before the Family Court at Davanagere. The minor daughter is residing with the petitioner at Dharwad and now she is studying in a reputed institution. The marriage between the petitioner and the respondent has been dissolved. It is difficult for the petitioner to travel to Davangere every time to attend the case. Therefore, the petitioner has prayed for transfer of G & W. No. 2/2012, which is pending on the file of the Family Court at Davanagere to the Family Court at Dharwad.

The respondent has not filed any objections.

The learned counsel for the petitioner contended that the petitioner is residing at Dharwad with her daughter. M.C. case and maintenance case were filed at Dharwad and the respondent has attended the said cases at Dharwad. It is difficult for the petitioner to travel to Davangere every time to attend the case and therefore, the G & W No. 2/2012 may be transferred to the Family Court at Dharwad.

The learned counsel for the respondent submits that the petitioner has not made out any ground to transfer the case to Dharwad.

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

The point that arises for my consideration is,

Whether the petition which is pending before the Family Court at Davanagere needs to be transferred to the Family Court at Dharwad?

It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 14.04.2000 at Harihar and subsequently, the petitioner had filed divorce petition at Dharwad. It is also not in dispute that a maintenance case was filed at Dharwad. The respondent has attended the said cases at Dharwad. The marriage between the petitioner and the respondent has been dissolved. Presently, the petitioner is residing with her daughter at Dharwad. The daughter is studying at Dharwad. It is difficult for the petitioner to travel to Davanagere every time to attend the case. Therefore, it is necessary to transfer G & W. No. 2/2012, which is pending on the file of the Family Court at Davanagere to the Family Court at Dharwad.

Accordingly, the civil petition is allowed and the G & W. NO. 2/2012 which is pending on the file of the Family Court at Davanagere is transferred to the Family Court at Dharwad. The Family Court at Davanagere shall send the records to the Family Court at Dharwad within four weeks from the date of receipt of a copy of this order. The Family Court at Dharwad shall decide the matter on merits.