In this petition filed by the petitioner-wife against respondent-husband, the petitioner seeks transfer of M.C.No.220/2019 pending before the District Judge, Family Court, Shivamogga to the Family Court, Bengaluru, where the petitioner- wife is residing.
2. A perusal of the petition in M.C.No.220/2019 filed by the respondent-husband herein indicates that the petitioner-wife is residing at Bengaluru. Under this circumstance and in view of law laid down by the Apex Court in the case of SUMITA SINGH VS. KUMAR SANJAY AND ANOTHER reported in AIR 2002 SC 396, it is observed that the convenience of the wife has to be looked into at the time of considering the transfer application filed under Section 24 of the Code of Civil Procedure, which is further followed by a co-ordinate Bench of this Court in the case of SUHASINI Vs. S.B.MAHENDRA KUMAR reported in ILR 2015 KAR 2804, the petition deserves to be allowed.
33. Accordingly, the petition is allowed and M.C.No.220/2019 pending on the file of District Judge, Family Court, Shivamogga is hereby transferred to the Family Court, Bengaluru for disposal in accordance with law as expeditiously as possible.
4. However, liberty is reserved in favour of the respondent to seek necessary exemption from personal appearance, whenever possible before the Court at Bengaluru to which the aforesaid M.C.No.220/2019 now stands transferred to. Respondent is also reserved liberty to request the Court for the proceedings to be conducted through video conferencing. Sd/- JUDGE Mds.
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