Smt. M. Usharani vs Sri. A. Nagaraj

A.N. Venugopala Gowda, J.—This petition is by the wife against the respondent, her husband, u/s 24 of CPC to transfer M.C. No. 3138/2011 from the file of VI Additional Principal Judge, Family Court, Bangalore to the Court of Senior Civil Judge at Anekal, for being taken up for consideration and decision along with C. Misc. No. 417/2012. The marriage of the parties was solomonised on 22.11.1999. Petitioner is living away from the respondent from July 2007, on account of matrimonial differences. Respondent has filed M.C. No. 3138/2011 against the petitioner in the Family Court at Bangalore, to pass a decree of divorce and to dissolve the marriage solomonised on 22.11.1999. Petitioner has filed C. Misc. No. 417/2012 in the Court of Senior Civil Judge at Anekal u/s 125(1) of Cr.P.C. to pay maintenance amount of Rs. 9,000/- per month for herself and her two children.

The petitioner pleads inability to attend the Family Court at Bangalore on account of financial constraint and being not able to travel alone by leaving her young children at Sonnanayakanapura village, Anekal Taluk, Bangalore District, wherein she is residing with her parents.

Considering the averments made in the petition, which have remained untraversed, I am satisfied with a case for transfer is made out.

In the result, the petition is allowed. M.C. No. 3138/2011 pending in the court of the IV Additional Principal Judge, Family Court, Bangalore is hereby withdrawn and transferred to the court of Senior Civil Judge at Anekal for being taken up along with C. Misc. No. 417/2012. The Family Court, Bangalore is directed to transmit the record of M.C. No. 3138/2011 to the court of Senior Civil Judge, Anekal within a period of two weeks from the date of copy of this order becomes available. Senior Civil Judge at Anekal is directed to decide the cases expeditiously and within a period of one year from the date of first appearance of both the parties. No costs.