ORDERING FOR TRANSFER OF THE ENTIRE PROCEEDINGS
PENDING IN MC.NO.53/2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC AT CHALLAKERE, TO THE
PRINCIPAL FAMILY COURT AT BENGALURU FOR PROPER
ADJUDICATION AND DISPOSAL OF THE SAID MATTER
ALONG WITH MC.NO.5145/2014 IN ACCORDANCE WITH
LAW.
THIS CIVIL PETITION COMING ON FOR HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The respondent husband filed a Petition seeking dissolution of the marriage with the petitioner under Section 13(1)(ia), 13(1)(ib) of the Hindu Marriage Act, before the Senior Civil Judge at Challakere. This Petition is filed under Section 24 seeking to transfer the said Petition from Challakere to Bengaluru.
2. It is contended that the petitioner being a lady, it is difficult for her to travel. Therefore, in order to contest the case, the matter requires to be transferred.
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3. On the other hand, the learned counsel for the respondent defends the impugned order.
4. On hearing learned counsels, I'am of the view that there is no merit in this petition. The material on record would show that the divorce petition was filed in the year 2013. After service of notice, the wife files an application under Section 9 of the Hindu Marriage Act 1955 seeking restitution of conjugal rights. A year later she files a Petition complaining of domestic violence. Thereafter the instant Petition is filed seeking transfer. Taking into consideration all these factors, the manner in which the petitioner has been conducting herself, it is apparent that she would not have any difficulty to attend the court at Challakere. Whatever may be her legal rights under Section 9 or domestic violence is concerned, the same is required to be agitated before the appropriate Court. I'am of the view that there are no bonafides in this
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Petition warranting transfer. In view of absence of any merit in this petition, the same is dismissed. SD/-
JUDGE
Rsk/-
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