Smt. Asha vs K.L. Ragavendra

H. Billappa, J.—The petitioner has filed this petition u/s 24 of CPC. praying for transfer of M.C. No. 51/2009, which is pending on the file of the Family Court at Davanagere to the Court of I Addl. Civil Judge (Sr.Dn) at Chitradurga.

It is stated in the petition, the marriage between the petitioner and the respondent was solemnized at Baramasagara in Chitradurga District and the petitioner is staving at Bharamasagara with her parents. It is also stated, the petitioner had filed criminal case and it came be to be withdrawn. Further it is stated, the petitioner had filed Crl. Misc. No. 259/2008 and it was allowed and the respondent was directed to pay monthly maintenance at the rate of Rs. 2,000/- p.m. and the respondent has not paid it. It is also stated the petitioner has filed M.C. No. 36/2009 for restitution of conjugal rights and it is pending before the 1st Addl. Civil Judge (Sr.Dn) at Chitradurga and it is difficult for the petitioner to travel to Davanagere every time to attend the case. It is therefore, the petitioner has prayed for transfer of M.C. No. 51/2009 to the Court of I Addl. Civil Judge (Sr.Dn) at Chitradurga.

The respondent has refused to receive the hand summons.

The learned Counsel for the petitioner contended that the petitioner is staying at Baramasagara and it is difficult for the petitioner to travel to Davanagere every time to attend the case and the case filed by the petitioner for restitution of conjugal rights is pending at Chitradurga and therefore, the case may be transferred to Chitradurga.

I find considerable force in the submission of the learned Counsel for the petitioner. It is not in dispute that the marriage between the petitioner and the respondent was solemnized at Baramasagara in Chitradurga District. The petitioner is staying at Baramasagara and the case filed by the petitioner for restitution of conjugal rights is pending before the I Addl. Civil Judge (Sr.Dn) at Chitradurga. It is stated, the respondent has not paid the monthly maintenance. The petitioner is without any means. Therefore, it is difficult for the petitioner to travel to Davanagere every time to attend the case. Therefore, it is proper to transfer the case to Chitradurga.

Accordingly, the civil petition is allowed and M.C. No. 51/2009 which is pending on the file of the Family Court at Davanagere is transferred to the Court of I Addl. Civil Judge (Sr.Dn) at Chitradurga. The Family Court at Davanagere shall transfer the matter to the Court of I. Addl. Civil Judge (Sr.Dn) at Chitradurga within four weeks from the date of receipt of a copy of this order. The I Addl. Civil Judge (Sr.Dn) at Chitradurga shall try the matter along with M.C. No. 36/2009 and dispose of the matter on merits.