This petition is filed by wife seeking for transfer of proceedings in M.C.No.109/2021 presently pending on the file of Prl. Judge, Family Court, Dharwad, to the Family Court at Karwar.
2. In the petition it is stated that marriage of petitioner with respondent took place on 15.5.2005 at Kajubag, in Karwar. Thereafter parties were residing together at Dubai, during which she gave birth to a male child on 20.8.2007. Thereafter due to misgivings between them, petitioner has been residing separately at Karwar along with her child.
3. In the meanwhile respondent has filed petition under Section 22 of Special Marriages Act, 1954, for restitution of conjugal rights at Dharwad. As the distance between Karwar and Dharwad is more than 160 kms, she would face hardship as she is working as a Teacher and is having a school going child.
4. Learned counsel for respondent vehemently objected and stated that petition is filed only to drag on the proceedings and submitted that appropriate conditions may be imposed. Learned counsel also opposed the petition on the ground that petition averments are incorrect.
5. The Honble Supreme Court in Sumita Singh vs. Kumar Sanjay and another reported in AIR 2002 SC 396; Datla Padmavathi Devi vs. Datla Ravindra Rayapuraju Verma reported in (2002) 10 SCC 500 and this Court in several cases have held that while considering a petition under Section 24 of the Code of Civil Procedure, 1908, convenience of wife would be of paramount importance. The objections of respondent can be mitigated by imposing appropriate conditions.
6. In view of the same and as no case of hardship is made out by respondent, petition is allowed. Proceedings in M.C.No.109/2021 stands withdrawn from the Court of Prl. Judge, Family Court, Dharwad, and stands transferred to the Family Court, Karwar.
7. Both the parties are directed to co-operate for early conclusion of the proceedings without taking unnecessary adjournments. The Family Court is requested to dispose of the matter as expeditiously as possible, in accordance with law. Sd/- JUDGE Mrk/-