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Judgment
B.V. Nagarathna
In this Civil Petition, the petitioner has sought for transfer of MC. No. 9/2011 pending on the file of the learned Senior Civil Judge, Hanagal, Haveri Dist., to the jurisdictional Court at Chitradurga.
I have heard the learned counsel for the petitioner and the learned counsel for respondent.
Learned counsel for the petitioner submits that the Court at Hanagal has no jurisdiction to entertain the petition filed by the respondent for restitution of conjugal rights. The said submission of the counsel for the petitioner is placed on record.
Under the circumstances, the petitioner is at liberty to file an application with regard to the jurisdiction of the Court at Hanagal, to entertain the petition and the trial Court to consider the said application of jurisdiction as a preliminary issue. In that view of the matter, the relief sought by the petitioner herein for transfer of MC. No. 9/11 pending at Hanagal Court to Chitradurga Court, would not arise for consideration.
Accordingly, the Civil Petition is disposed of in the aforesaid terms.
In the event the petitioner is not successful in her contention with regard to the jurisdiction of the Court at Hanagal, then liberty is reserved to the petitioner to revive this petition seeking transfer of the case to Chitradurga.