Surekha vs Sandesh

H. Billappa, J.—The petitioner has filed this petition u/s 24(1) of CPC praying to transfer M.C. No. 48/2013 which is pending on the file of Civil Judge (Sr. Dn.) & JMFC, Raibag to the Court of Civil Judge (Sr. Dn.) & JMFC, Badami.

It is stated, the petitioner married the respondent on 29.4.2013 at Agasanakoppa village in Badami Taluk. After the marriage, the petitioner led married life in the house of the respondent. After about four months, the respondent started neglecting the petitioner and abused and assaulted her. At the instance of the elders, negotiations were held and they failed. The petitioner is now residing with her parents. The petitioner has filed Crl. Misc. No. 21/2014 for maintenance. It is pending on the file of Civil Judge and JMFC, Badami. The respondent has filed M.C. No. 48/2013 for restitution of conjugal rights. It is pending on the file of Civil Judge (Sr. Dn.) & JMFC, Raibag, which is at a distance of about 200 kms., from the place where the petitioner is residing. It is difficult for the petitioner to travel to Raibag every time to attend the case. Therefore, the petitioner has prayed for transfer of M.C. No. 48/2013 which is pending on the file of Civil Judge (Sr. Dn.) & JMFC, Raibag to the Court of Civil Judge (Sr. Dn.) & JMFC, Badami.

The respondent is served and remains unrepresented.

The learned counsel for the petitioner contended that the petitioner is without any means and she cannot travel to Raibag every time to attend the case. Therefore, M.C. No 48/2013 may be transferred to Badami where the case filed by the petitioner for maintenance is pending.

I have carefully considered the submissions made by the learned counsel for the petitioner.

I find considerable force in the submission of the learned counsel for the petitioner. The petitioner has married the respondent on 29.4.2013. Within few months, the dispute has started between the petitioner and the respondent. Consequently, the petitioner is staying with her parents. She has filed petition for maintenance before the Badami Court. The respondent has filed petition for restitution of conjugal rights in M.C. No. 48/2013. It is pending on the file of Civil Judge (Sr. Dn.) & JMFC, Raibag. The petitioner is without means. Therefore, it is difficult for the petitioner to travel to Raibag every time to attend the case. Therefore, it is appropriate to transfer M.C. No. 48/2013 which is pending on the file of Civil Judge (Sr. Dn.) & JMFC, Raibag, to the Court of Civil Judge (Sr. Dn.) & JMFC, Badami.

Accordingly, the petition is allowed and M.C. No. 48/2013 which is pending on the file of Civil Judge (Sr. Dn.) & JMFC, Raibag, is transferred to the Court of Civil Judge (Sr. Dn.) & JMFC, Badami. The Civil Judge (Sr. Dn.) & JMFC, Raibag, shall transfer the records to the Court of Civil Judge (Sr. Dn.) & JMFC, Badami within four weeks from the date of receipt of a copy of this order. The Civil Judge (Sr. Dn.) & JMFC, Badami shall decide the matter on merits.