In the High Court of Karnataka Dharwad Bench
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 23 RD DAY OF JUNE 2021 BEFORE THE HON’BLE MR. JUSTICE P. KRISHNA BHAT CP NO.100022 OF 2021 BETWEEN: SMT. TULASI @ MAMTA W/O RAJU KYARKATTI AGE:29 YEARS, OCC:HOUSEHOLD, C/O VASAPPA GONDHI, AT/PT:SULESHWAR, TQ:HANGAL, DIST:HAVERI-581110. …PETITIONER (BY SRI. PATIL M.H., ADVOCATE) AND : SRI. RAJU S/O ISHWARAPPA KYARKATTI AGE:30 YEARS, OCC:AGRICULTURE AND PAINTER, R/O BELLIGATTI, TQ:KUNDGOL, DIST:DHARWAD-580007. …RESPONDENT (BY SRI.VIJAY M MALALI, ADVOCATE) THIS PETITION IS FILED UNDER SECTION 24 OF CPC SEEKING THAT MC NO.31/2020 ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, KUNDGOL BE TRANSFERRED TO THE SENIOR CIVIL JUDGE AND JMFC, HANGAL FOR ADJUDICATION IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: 2 ORDER This petition is filed under Section 24 of CPC seeking transfer of MC No.31/2020 pending on the file of the learned Senior Civil Judge and JMFC, Kundgol to the Court of learned Senior Civil Judge and JMFC, Hangal. 2. The petitioner is the legally wedded wife of the respondent herein, their marriage having Been solemnized on 21.03.2018. It is stated that the respondent/husBand had filed MC No.31/2020 under Section 9 of the Hindu Marriage Act, 1955 Before the learned Senior Civil Judge and JMFC, Kundgol, against the petitioner-wife seeking restitution of conjugal rights. It is further stated that the petitioner herein is a resident of Suleshwar of Hangal Taluk, Haveri District. She suBmits that in view of distance of aBout 85 kms from her native place to Kundgol and since she is having small kid, it has Become difficult for her to attend the 3 Court proceedings at Kundgol. Therefore she requests that in view of inconvenience she is facing, the case filed By her husBand, who is respondent herein should Be transferred to the Court of learned Senior Civil Judge and JMFC, Hangal. 3. There is no douBt aBout the fact that in a proceedings of this nature, the convenience of the wife is very relevant in considering a request for transfer of a case of this nature as held By the Hon’Ble 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.31/2020 now pending Before the Court of learned Senior Civil Judge and JMFC, Kundgol is withdrawn from the file 4 of the said Court and made over to the Court of learned Senior Civil Judge and JMFC, Hangal for trial in accordance with law. c) In view of disposal of the petition, I.A.No.1/2021 does not survive for consideration and it is dismissed. Sd/- JUDGE JTR .