Hemavathi vs R. Shashikumar

B.S. Patil, J.—This petition under Section 24 CPC is filed seeking transfer of M.C. No. 795/2013 from the Family Court at Bangalore to the Court of Civil Judge (Sr. Dn.) Maddur, Mandya District.

Petitioner and the respondent are husband and wife. Their marriage was solemnized on 18.04.2012 at Maddur. According to the petitioner, she was driven away from the matrimonial home. The respondent - husband is staying at Bangalore. He is engaged as a Tailor. M.C. No. 795/2013 was filed by him on 08.02.2013 under Section 12 of the Hindu Marriage Act seeking declaration that the marriage between the petitioner and the respondent was null and void. It has been contended by the respondent that fraud was played on him by suppressing certain material facts while celebrating his marriage.

It is the contention of the petitioner that she is financially dependent on her mother and is not in a position to spend any money for her journey from Maddur to Bangalore to defend herself in the petition filed by her husband. It is also urged by her that she perceives threat to her life from the respondent.

Respondent though served has remained unrepresented.

Learned counsel for the petitioner submits that traveling from Shivapura in Maddur to Bangalore is a difficult task for the petitioner apart from the financial constraints. He has placed reliance on the judgment of this Court in the case of Smt. Swarna Gouri Vs. Sri Vinayak Pujar, to contend that financial constraint faced by the spouses is one of the grounds for transfer.

It has to be observed that in the said judgment this Court at paragraph No. 6 has held that in considering the plea of transfer in matrimonial cases, the Courts have to take into consideration the economic soundness of either of the parties, social strata of the spouses and behavioral pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance of life.

It is true all these circumstances have to be kept in mind. It is not any individual circumstance but the consequence of several of them which have to be borne in mind. In the instant case, having regard to the distance between Maddur and Bangalore which is around 120 Km., and having regard to the fact that husband-respondent is also not well placed, I am of the view that it is not necessary to disturb the proceedings which are initiated before the Court at Bangalore. Ends of justice would be met, if the petitioner is reserved liberty to seek appropriate orders from the Family Court regarding the expenses to be incurred for her to visit Bangalore to defend herself. It is also open to her to seek exemption from appearance on such of the dates when her presence may not be necessary.

As regards the financial difficulty pleaded, petitioner would be at liberty to seek the travelling and incidental expenses from her husband and in this regard the Family Court shall consider the application, if any to be filed by the petitioner and pass appropriate orders after hearing the respondent.

As regards the threat to the life of the petitioner is concerned, I find that except bare assertion made by the petitioner, there is no material to show that there is any threat to the safety and security of the petitioner from the respondent and that if she undertakes journey from Maddur to Bangalore, she will have to endanger her safety. No complaint is filed and there is no basis for this apprehension or assertion.

As the petition is presented before the Family Court at Bangalore by the husband who is staying at Bangalore and who stayed along with her wife at Bangalore, keeping in mind the aforementioned circumstances, I find that there is no justification to withdraw the case from Bangalore and transfer it to Maddur.

Therefore, subject to the observations made above and reserving liberty to the petitioner to seek financial reimbursement of the travel expenses and other incidental charges and to seek exemption from appearance on such of the dates when her presence may not be necessary, this petition is dismissed.