Seema alias Preeti vs Pramod Chandrakant Vernekar

V.G. Sabhahit, J.—This petition u/s 24 of the CPC is filed by the petitioner-wife seeking for transfer of the proceedings in M.C. No. 59 of 2003 pending on the file of the Family Court, Belgaum, to the Court of learned Principal Civil Judge (Senior Division), Karwar, averring that the petitioner is residing at Karwar and she is having a child aged 15 months and it is difficult for her to travel to Belgaum to attend the case filed by her husband seeking for divorce.

The petition is resisted by the respondent by filing objections and contending that the petitioner has filed this petition only to harass him and no ground is made out for transfer of the case., The petitioner has deserted the respondent and has filed a false complaint.

I have heard the learned Counsels appearing for the parties.

It is not disputed that a criminal case is pending against the respondent in the Court at Karwar. It is well-settled that while considering the application for transfer of matrimonial proceedings, the convenience of the wife has to be looked into as laid down by the Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and Another, . In view of the fact that a criminal case against the respondent is pending in the Court at Karwar and as the respondent has been travelling to attend the said case, no inconvenience would be caused to the respondent and it is open to the respondent to make an application to post the M.C. case on the same day on which the criminal case is posted. Accordingly, I pass the following order:

The civil petition is allowed, M.C. No. 59 of 2003 pending on the file of the Family Court, Belgaum, is withdrawn and transferred to the Court of Principal Civil Judge (Senior Division), Karwar, for disposal in accordance with law.