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Judgment
Mohan Shantanagoudar
This petition is filed praying for transfer of C.Misc.No. 1589/2010 from Bangalore to Yadgir on the ground that the petitioners are residents of Yadgir. The respondent herein is the wife of the first petitioner and daughter-in-law of the second petitioner. Based on certain allegations, a petition came to be filed u/s 12 of the Protection of Women from Domestic Violence Act, 2005. The matter is pending before the II ACMM Court, since 2010.
Though this criminal petition is filed praying for quashing all the proceedings as well as for transfer of the proceedings to Yadgir, during the pendency of the matter, the petitioners restricted the petition only for getting the matter transferred to Yadgir.
This Court does not find any ground to transfer the matter to Yadgir from Bangalore. Aggrieved party, i.e., the respondent herein is the resident of Bangalore. She has made serious allegations of ill-health, etc. due to inaction on the part of the petitioners. In this view of the matter, in my considered opinion, injustice will be caused if the petition is transferred to Yadgir. It may not possible for the respondent to come often to Yadgir, whereas the first petitioner being the husband of the respondent may come to Bangalore or he may also ask for dispensation of his presence whenever not required. Special mention may be made in favour of the second petitioner, who is the mother of the first petitioner. She is aged about 60 years. It will be harsh on the part of the respondent to press for presence of the second petitioner on every date of hearing at Bangalore. Therefore, looking to the old age and infirmity as argued by the learned counsel for the petitioners, the second petitioner''s presence before the Court below may be exempted whenever her presence is absolutely not required. Accordingly, the following order is made:-
Petition stands dismissed with an observation that the presence of the second petitioner before the Court below shall be exempted whenever her presence is absolutely not required.