Sri Girish vs Smt. Brunda

B.S. Patil, J.—Petitioner is the husband of the respondent. He has filed this civil petition under Sections 23(2) & 24 CPC seeking transfer of M.C. No. 154/2013 filed by him which is presently pending on the file of the Additional Judge, Family Court, Mysore to the Court of Principal Family Judge, Mysore to be tried along with Crl. Misc. No. 90/2012. The marriage between the petitioner and the respondent was solemnized on 24.06.2010 at Bangalore. The petitioner had earlier filed M.C. No. 158/2011 before the Family Court, Belgaum. The respondent, who is the wife of the petitioner moved the High Court in C.P. No. 186/2011 seeking transfer of M.C. No. 158/2011 to the Family Court, Mysore, stating that as she was residing at Mysore, it was difficult for her to travel to Belgaum to defend herself in M.C. No. 158/2011 filed by her husband-petitioner herein. This Court vide order dated 08.01.2013 allowed the said Civil Petition transferring M.C. No. 158/2011 to the Family Court, Mysore. The said case is renumbered as M.C. No. 154/2013 and is now pending on the file of the Additional Family Court, Mysore.

In the meanwhile, the respondent-wife had filed Crl. Misc. No. 90/2012 seeking maintenance u/s 125 Cr.P.C. The said case is pending on the file of the Principal Judge, Family Court, Mysore. In this background, the petitioner has approached this Court seeking transfer of M.C. No. 154/2013 to the Court of Principal Family Judge, Mysore, so that both these cases will be before the same Court. I have heard the learned counsel for both parties. On perusal of the pleadings and the materials on record, I find that the dispute is between the husband and wife, one case is filed by the husband seeking dissolution of marriage and the other case is filed by the wife seeking maintenance. Hence, in the ends of justice and in the interest of both parties and for the purpose of examining witnesses as well as for better appreciation of the controversy involved, it would be better if both the cases are heard by the same Judge. Therefore, this civil petition is allowed transferring M.C. No. 154/2013 pending on the file of the Additional Judge, Family Court, Mysore to the Court of Principal Family Judge, Mysore, to be tried and disposed of along with Crl. Misc. 90/2012.