Janavi S.R., (Ranjitha) vs Sunilkumar T.J

C.M. Poonacha, J

The present petition is filed by the wife seeking for transfer of MC No.266/2024 pending on the file of the I Additional Family Court, Mangaluru to the Court of Senior Civil Judge, Hosapete.

It is forthcoming that the marriage between the parties was solemnized on 01.08.2022 and they lived together for sometime. However, due to various reasons, the parties have been residing separately. It is also forthcoming that both the parties are employed in the Police Department, Government of Karnataka.

The husband has filed MC. No.266/2024 under Section 9 of the Hindu Marriage Act, 1955 (Hereinafter referred to as ‘Act’) seeking for restitution of conjugal rights before the I Additional Family Court, Mangaluru. Seeking transfer of the same, the present petition is filed.

Learned counsel for the petitioner submits that the wife, due to her employment, is living on her own at Hosapete, whereas the husband is currently posted at Mangaluru. It is further contended that great hardship would be caused to the wife if she is required to travel to Mangaluru, which is at a distance of more than 300 kms for the purpose of contesting the proceedings initiated by the husband, since there is no other person to accompany the wife while traveling to Mangaluru.

Having regard to the fact that the distance between Hosapete and Mangaluru is more than 300 kms, as also having regard to the contention that there is no other person to accompany the wife to travel to Mangaluru for the purpose of contesting MC. No.266/2024 initiated by the husband, since the husband is also gainfully employed, having an independent source of income, keeping in mind the settled proposition of law as also held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA AIR ONLINE 2022 SC 1268 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted.

In view of the aforementioned, the following order is passed:

ORDER

i. The above petition is allowed;

ii. MC.No.266/2024 pending on the file of I Additional Family Court, Mangaluru shall stand transferred to the Senior Civil Judge, Hosapete;

iii. The parties shall appear before the Senior Civil Judge, Hosapete on 01.09.2025 without the requirement of any further notice being issued in this regard;

iv. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law;

v. All contentions of the parties are left open.