In this petition filed by the petitioner-wife against respondent-husband, the petitioner seeks transfer of M.C.No.242/2017 pending before the Family Court Davanagere to the VI Additional Principal Family Judge, Family Court, Bengaluru, where the petitioner- wife is residing.
2. The material on record 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.242/2017 pending on the file of the Family Court, Davanagere is hereby transferred to the VI Additional Principal Family Judge, Family Court, Bengaluru, for disposal in accordance with law. 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.242/2017 now stands transferred to. Respondent is also reserved liberty to request the Court for the proceedings to be conducted through video conferencing. Sd/- JUDGE Bmc.
Comments