Shreedevi W/O: Santosh Kalasraddi vs Santosh S/O: Mallappa Kalasraddi

E. S. Indiresh, J

Heard the learned counsel for the petitioner. The respondent is served and remained absent in this petition.

This petition is filed by the petitioner - wife under Section 24 of the Code of Civil Procedure seeking transfer of the case in M.C.No.290/2021 pending consideration on the file of the I Additional Principal Judge, Family Court, at Vijayapur to the Senior Civil Judge and JMFC Court, at Surpur.

It is the case of the petitioner that the respondent has filed M.C.No.290/2021 on the file of I Additional Principal Judge, Family Court, at Vijayapura under Section 9 of the Hindu Marriage Act, 1955. The grievance of the petitioner is that the petitioner is resident of Mudanur village Tq: Surpur and she finding difficulty in attending the Court proceedings at Vijayapur where the M.C.No.290/2021 is pending consideration before the I Additional Principal Judge, Family Court, at Vijayapura.

Sri. R. S. Lagali, the learned counsel appearing for the petitioner contended that the petitioner is finding difficulty in attending the Court proceedings at Vijayapura, since the petitioner has to travel nearly 150 kms. He further submits that the petitioner has to take care of two minor children. Accordingly, he sought for transfer of the case from I Additional Principal Judge, Family Court, at Vijayapura to Senior Civil Judge and JMFC, at Surpur.

Perusal of the petition would indicate that, the respondent has filed M.C.No.290/2021 on the file of the I Additional Principal Judge, Family Court, at Vijayapura. Taking into consideration the grievance urged by the petitioner in this petition, I am of the opinion that the petition requires to be allowed, as the same has caused injustice to the petitioner herein to travel for nearly 150 kms and that apart, she has two minor children. Taking into consideration, the hardship caused to the petitioner, in the ends of justice, this Court shall lean towards the hardship of petitioner. In the result, the following;

ORDER

I. The petition filed under Section 24 of the Code of the Civil Procedure is allowed.

II. The M.C.No.290/2021 on the file of the I Additional Principal Judge, Family Court, at Vijayapura filed by the respondent is withdrawn and transferred to the Senior Civil Judge and JMFC, Court at Surpur.