Yogitha S @ Yogitha Ananth Kumar W/O Sri Ananth Kumar K G vs Ananth Kumar K G S/O Late Shri Babu Rao K R Khatokar

C.M. Poonacha, J

The present petition is filed by the wife seeking for transfer of MC No.1459/2022 pending on the file of the II Additional Principal Judge, Family Court, Bengaluru to the Family Court, Shivamogga.

For the sake of convenience, the parties herein are referred to as per their relationship.

The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 14.11.2013 and from the wedlock a son is born to the parties, who is aged 4 years as on the date of filing of the present petition. However, due to various reasons the parties have been residing separately.

The husband has filed MC No.1459/2022 under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights which is pending before the II Additional Principal Judge, Family Court, Bengaluru. Seeking for transfer of the same, the wife has filed the present petition.

Learned counsel for the petitioner submits that the wife along with the son of the parties is living along with her parents at the address mentioned in the cause title and she is depending on her parents for the livelihood of herself an the son of the parties. That the wife has filed MC No.6/2022 seeking for divorce, which is pending before the Family Court, Shivamogga. That the distance between Shivamogga and Bengaluru is 310 kms. He submits that great hardship will be caused to the wife if she is required to travel to Begnaluru for the purpose of contesting the proceedings initiated by the husband.

The respondent is served and unrepresented.

The submissions of the learned counsel for the petitioner have been considered and the material on record has been perused. The question that arises for consideration is, whether the relief sought for in the present petition is liable to be granted?

The relationship between the parties and the pendency of the legal proceedings between the parties are a matter of record.

Having regard to the fact that the son of the parties is under the care and custody of the wife who is living with her parents and not having any independent source of income and also having regard to the fact that the distance between Shivamogga and Bengaluru is about 310 kms., it is clear that great hardship will be caused to the wife if she is required to travel to Bengaluru for the purpose of contesting the proceedings initiated by the husband.

It is the contention of the wife that the husband is gainfully employed at Bengaluru and has an independent source of income. Having regard to the same, and having regard to the fact that the husband in any event will be required to travel to Shivamogga for the purpose of contesting the proceedings initiated by the wife and having regard to the settled proposition of law as held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA AIR ONLINE 2022 SC 1268 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted. Accordingly, the question framed for consideration is answered in the affirmative.

Learned counsel for the petitioner submits that MC No.6/2022 filed by the wife is posted before the Family Court, Shivamogga on 28.2.2024.

In view of the aforementioned, the following order is passed:

ORDER

i. The above petition is allowed;

ii. MC No.1459/2022 pending on the file of the II Additional Principal Judge, Family Court, Bengaluru shall stand transferred to the Family Court, Shivamogga to be tried along with MC No.6/2022;

iii. The parties shall appear before the transferee Court on 28.02.2024;

iv. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law;

v. All contentions of the parties are left open.