Shweta vs Gururaj N.

Aravind Kumar, J.—These two petitions under Section 24 of the CPC have been filed by husband and wife seeking transfer of cases.

Petitioner in C.P. No. 100086/2014 who is the wife is seeking for transfer of the case MAT No. 73/2014 pending on the file of Prl. Judge, Family Court, Bellary, filed by the husband to the Court of the Prl. Sr. Civil Judge and CJM Court, at Haveri wherein M.C. No. 21/2014 is pending. Likewise, petitioner-husband in C.P. No. 100095/2014 is seeking for transfer of M.C. No. 21/2014 pending on the file of Prl. Senior Civil Judge and CJM, Haveri, namely petition filed by the wife under Section 9 of the Hindu Marriage Act to the Family Court, Bellary, wherein MAT No. 73/2014 is pending.

I have heard the arguments of learned advocates appearing for the parties namely Sriyuths M.S. Haravi, learned counsel appearing for the wife and Srinand Pacchapure, learned counsel appearing for the husband. Perused the pleadings of both the cases namely M.A.T. Case No. 73/2014 and M.C. No. 21/2014.

There is no dispute with regard to solemnisation of marriage between the petitioner and respondent which took place on 27.05.2013 at Bellary. On account of certain differences, they have been living separately. On the one hand, husband who has filed petition for divorce has contended that his wife suffers from mental disorder and as such, he is seeking for dissolution of the marriage. On the contrary, wife has filed a petition under Section 9 of the Hindu Marriage Act seeking for restitution of conjugal rights. In the Divorce Petition filed by husband, wife has filed an application under Section 24 of the Hindu Marriage Act seeking for maintenance. In these cases, parties have appeared, filed their written statement and it is being contested by them before the respective courts.

Present petitions have been filed seeking for transfer as noticed hereinabove. The apprehension expressed by husband to appear before the Haveri court wherein the petition for restitution of conjugal rights namely M.C. No. 21/2014 filed by the wife is pending is on the ground that there is threat to his life and private complaint has already been filed before the JMFC, Bellary, which is registered as P.C. No. 164/2014. On the contrary, wife is seeking for transfer of M.A.T. Case No. 73/2014 from Bellary to Haveri on the ground that she being a lady has to be always accompanied by her parents to travel to Bellary which is at a distance of 200 km from Haveri and it would be not possible to attend the court on time due to distance.

Considering the rival contentions and the pleadings of the parties, this Court is of the considered view that to allay the fear expressed by husband and to ensure that wife is also not put to any inconvenience, it would suffice, if all the pending cases are transferred to a place in between Haveri and Bellary which is said to be Gadag. Though Mr. Srinand Pachchapure would contend that Hospete would be ideal for all these cases being transferred, by taking into consideration the distance between Haveri and Gadag being 70 kms and from Bellary to Gadag distance being 150 kms, fear expressed by the husband can be allayed by transferring all these cases to Gadag and the expenses would meet the ends of justice.

Sri Srinand Pachchapure, learned counsel appearing for the respondent would fairly submit that travelling expenses of the wife to attend court at Gadag would be met by the husband. His submission is placed on record.

In view of the fact that there is already an application filed by wife seeking for payment of travelling expenses, Family Court, Gadag would be at liberty to consider the same and pass appropriate orders on merits and in accordance with law.

Hence, I proceed to pass the following:

ORDER

"(1) Civil Petition Nos. 100086/2014 and 100095/2014 are hereby allowed in part.

(2) M.A.T. No. 73/2014 pending on the file of Family Court, Bellary, and M.C. No. 21/2014 pending on the file of Principal Senior Civil Judge, Haveri are ordered to be transferred to Family Court, Gadag.

(3) Both parties shall appear before the Family Court, Gadag on 24.01.2015 without waiting for any court notice.

(4) It is made clear that Family Court, Gadag is not required to issue any fresh Court notice to both the parties and it shall proceed to adjudicate the dispute from the stage it was before respective Courts.

(5) No costs."