Geeta S. Kalal vs Surendra K.

H. Billappa, J.—The petitioner has filed this petition u/s 24 of the CPC praying for transfer of M.C. No. 16/2013 which is pending on the file of the Senior Civil Judge and JMFC, Hospet, to the Family Court at Belgaum.

It is stated, the marriage between the petitioner and the respondent was solemnized on 24.04.2004 at Maratha Managal Karyalaya Trust, Basavangalli, Hosuru, Belgaum. Out of the wedlock, the petitioner and the respondent had twins. However, one of them died long back. The respondent has filed divorce petition on the ground of cruelty. It is also alleged that the petitioner had illicit relationship with one Shariff. The petition is pending on the file of Senior Civil Judge and JMFC, Hospet in M.C. No. 16/2013. The petitioner is staying with her parents at Belgaum. It is difficult for the petitioner to travel to Hospet every time to attend the case. Therefore, the petitioner has prayed for transfer of M.C. No. 15/2013 which is pending on the file of Senior Civil Judge and JMFC, Hospet, to the Family Court at Belgaum.

The respondent has not filed any objections to the petition.

The learned counsel for the petitioner contended that the petitioner is staying with her parents at Belgaum and the case is pending at Hospet and it is very difficult for the petitioner to travel to Hospet every time to attend the case. He also submitted that the petitioner has got a small child and she is unable to attend the case at Hospet. Therefore, M.C. 16/2013 may be transferred to the Family Court at Belgaum.

The learned counsel for the respondent submitted that the petitioner has not made out any ground to transfer the petition to the Family Court at Belgaum.

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

The point that arise for my consideration is:

� Whether the petition which is pending on the file of Senior Civil Judge and JMFC, Hospet needs to be transferred to the Family Court at Belgaum?

The marriage between the petitioner and the respondent was solemnized on 24.04.2004 at Maratha Managal Karyalaya Trust, Basavangalli, Hosuru, Belgaum. The petitioner and the respondent have lived together for sometime. Thereafter, they have separated. The respondent has filed divorce petition at Hospet on the ground of cruelty. Illicit relationship is also alleged. The petitioner is staying with her parents at Belgaum. She has got a small child. It is very difficult for the petitioner to travel to Hospet every time to attend the case. Therefore, it is necessary to transfer M.C. No. 16/2013 which is pending on the file of the Senior Civil Judge and JMFC, Hospet, to the Family Court at Belgaum.

Accordingly, the petition is allowed and M.C. No. 16/2013 which is pending on the file of the Senior Civil Judge and JMFC, Hospet, is transferred to the Family Court at Belgaum. The Senior Civil Judge and JMFC, Hospet shall send the records to the Family Court at Belgaum within four weeks from the date of receipt of a copy of this order. The Family Court at Belgaum shall dispose of the matter on its merits.