MRS.SUNITA @ SUSAN v. MR.YAMANURAPPA @ MOHAN

This petition is filed under Section 24 of CPC seeking transfer of MC No.11/2019 pending on the file of the learned Civil Judge (Senior Division), Koppal to the Principal Family Court at Bengaluru.

2. Brief facts are that, the petitioner is the legally wedded wife of the respondent herein, their marriage having been solemnized in 2007. It is stated that respondent/husband has filed MC No.11/2019 in the Court of Civil Judge (Senior Division), Koppal, under Section 28 of the Special Marriages Act, 1954, seeking dissolution of their marriage. It is stated in the petition that petitioner is residing with her parents in Bengaluru along with her two minor children. It is further stated that on account of the distance between Bengaluru and Koppal, it has become extremely difficult for her to attend the Court proceedings at Koppal. Therefore she has prayed that the proceedings in M.C.No.11/2019 be transferred to the Court of Principal Family Judge, Bengaluru. Since the petitioner is having two children and also because of the distance, it is necessary to accede to the request of the petitioner by following the decision of the Honble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and Another reported in 2001(10) SCC 41. In that view of the matter, I hold that the petition deserves to be allowed. Hence, the following: ORDER

a) The above petition is allowed.

b) MC No.11/2019 now pending before the Court of learned Senior Civil Judge, Koppal is withdrawn from the file of the said Court and made over to the Court of learned Principal Family Judge at Bengaluru, for disposal in accordance with law. Sd/- JUDGE Mgn/-