G. Savitha vs Govindaraju

B.S. Patil, J.—This civil petition is filed u/s 24 CPC by the petitioner, who is the wife of the respondent, seeking for withdrawal of the proceedings in M.C. No. 58/2011 pending on the file of the Principal Senior Civil Judge, Madhugiri and to transfer the same to the Court of Senior Civil Judge, Hiriyur. M.C. No. 58/2011 pending on the file of the Principal Senior Civil Judge & JMFC, Madhugiri, is filed by the respondent-husband of the petitioner seeking dissolution of the marriage solemnized between them on 16.11.2008 at Hiriyur. Several assertions and allegations are made by the petitioner in the writ petition regarding cruelty and harassment meted out to her by the respondent and his family members. Petitioner is presently residing with her parents at Hiriyur. In fact, the petitioner had instituted proceedings in Crl. Misc. No. 66/2011 on the file of the Civil Judge (Jr. Dn.) & JMFC, Hiriyur, against the respondent seeking maintenance u/s 125 Cr.P.C.

By way of an affidavit filed today, the petitioner has made it clear that Crl. Misc. 66/2011 has been allowed on 30.04.2013 and presently Crl. Misc. 209/2013 which is filed for recovery of the maintenance amount is pending on the file of the Principal Civil Judge, Hiriyur.

It is the contention of the petitioner that because of her financial position and her status as a lady, she is unable to travel 70 kms. from Hiriyur to come over to Madhugiri to contest M.C. No. 58/2011 filed by her husband. She has pleaded serious prejudice and inconvenience. It is contended by the counsel for the petitioner that as Crl. Misc. No. 209/2013 is pending on the file of the Principal Civil Judge at Hiriyur, the respondent is required to attend the said proceedings at Hiriyur and therefore, transfer of M.C. No. 58/2011 to Hiriyur would not, in any manner, seriously affect the interest of the respondent. It is further contended by her that as the petitioner is the resident of Hiriyur and as the marriage has been solemnized at Hiriyur, there is no legal impediment for transferring the proceedings in M.C. No. 58/2011 to Hiriyur.

Petitioner had taken out notice of this petition on the respondent by publication in Vijaya Karnataka'' newspaper. However, the respondent has chosen to remain absent. Hence, vide order dated 22.03.2013, notice on him has been held sufficient.

On careful consideration of the contentions urged by the counsel for the petitioner and the petition averments made, I am of the view that the petitioner has made out a case for considering the request favourably. She being an unemployed lady, dependent on her parents, would not be in a position to travel to Madhugiri each time M.C. No. 58/2011 instituted by her husband-respondent herein is listed. It will certainly cause prejudice and hardship to her to defend herself effectively by travelling such a distance.

As the marriage was solemnized at Hiriyur and as the petitioner is presently residing at Hiriyur along with her parents, there can be no legal impediment to withdraw M.C. No. 58/2011 from the Court of Principal Senior Civil Judge & JMFC, Madhugiri and transfer the same to the Court of Senior Civil Judge, Hiriyur. It is also to be noticed that another proceedings in Crl. Misc. 209/2013 instituted by the petitioner is also pending in the Court of Principal Civil Judge, Hiriyur, for which the respondent is required to attend at Hiriyur. In the result and for the foregoing, this petition is allowed. M.C. No. 58/2011 is withdrawn from the Court of Principal Senior Civil Judge & JMFC, Madhugiri and transferred to the Court of Senior Civil Judge, Hiriyur. As Crl. Misc. 209/2013 is pending on the file of the Principal Civil Judge, Hiriyur, it would be open for the respondent to request the Court at Hiriyur to see that both these cases are taken up on the same day to avoid hardship and inconvenience to him. The Court below shall ensure speedy disposal of the case keeping in mind the fact that the respondent would be visiting Hiriyur to prosecute his case.