Smt. A.M. Lavanya vs Sri Murali Mohan Krishna

B.S. Patil, J.—Though this matter is listed for admission, with the consent of the learned counsel for both parties, the same is take up for final disposal. This is a petition filed u/s 24 CPC by the petitioner who is the wife of the respondent seeking transfer of M.C. No 3471/2012 filed by the respondent - husband seeking dissolution of the marriage, from the Family Court at Bangalore to the Court of learned Civil Judge (Sr.Dn.), channarayapatna in Hassan District.

The marriage between the petitioner and the respondent has been solemnized on 18.08.2008 at Bangalore. Out of their wedlock, they have got two children aged 2 & 4 years respectively. The respondent - husband of the petitioner has filed M.C. No. 3471/2012 u/s 13(1)(ia) of the Hindu Marriage Act, 1955 seeking divorce alleging cruelty. The matter is pending on the file of the Principal Judge, Family Court at Bangalore. The Petitioner is seeking transfer of the said proceedings to the Court at Chennarayapatna contending inter alia that she has been residing there as she was driven out of the house of the respondent along with her children and as she had no other place except to join her parents at Channarayapatna.

During the course of arguments, learned counsel for both parties submit that if M.C. No. 3471/2012 is transferred to the Family Court at Mandya, it will be convenient to both the parties and that they will have no objection to appear before the Family Court at Mandya to prosecute and defend their case. Keeping in mind the facts and circumstances of the case, particularly the submission made by the counsel for both parties stating that if the proceedings are transferred to the Family Court at Mandya, it will be convenient to both the parties to appear before the Court and also having regard to the proximity of the Court at Mandya to both the parties including for the purpose of adducing effective evidence of the witnesses, I am of the view that ends of justice demand that the request made by the parties has to be acceded. Hence, this petition is disposed of withdrawing the proceedings in M.C. No. 3471/2012 pending before the Family Court, Bangalore and transferring the same to the Family Court, Mandya, for disposal in accordance with law.