IN THE HIGH COURT OF 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:, 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:

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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, .

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

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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

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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