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Judgment
Heard learned Counsel for the Petitioner.
The petitioner is the wife of the respondent. She has maintained this petition under Section 24 of CPC praying to transfer M.C.No.62/2024 pending on the file of learned Senior Civil Judge, Kushtagi to the Court of learned Senior Civil Judge, Lingasugur. The respondent has maintained the said petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act praying for dissolution of the marriage.
The petitioner submits that presently she is residing at her parents house in Bummanahal-U Village of Maski Taluk and that she is taking care of a minor child. She further submits that there is no proper transportation facility from her place of residence to Kushtagi and that she has to change a bus at Tavargeri to reach the destination. She also submits that she has filed a petition in M.C. No.120/2025 against the respondent seeking restitution of conjugal rights and the same is pending before the Court of learned Senior Civil Judge and JMFC, Lingasugur. In the above circumstances, she prays to allow the petition.
The respondent has remained absent before the Court despite service of notice and failed to contest the grounds urged by the petitioner for seeking transfer of the case. Hence, this Court finds so reason to disbelieve the grounds urged by the petitioner.
In N.C.V. Aishwarya Vs A.S. Saravana Karthik Sha, reported in 2022 LiveLaw (SC) 627 Hon'ble Apex Court has held that given the prevailing socio-economic paradigm in the Indian society, generally it is the wife’s convenience which must be looked at while considering transfer. Thus, taking into consideration the relevant aspects, this Court holds that in all probability the petitioner would be put to greater inconvenience if she has to attend the proceedings before the Court at Kushtagi. Hence, it is held that the petitioner has made out valid grounds to allow the petition.
In the result, this Court proceeds to pass the following:
ORDER
a. The Civil Petition is allowed.
b. The proceeding in M.C. No.62/2024 pending on the file of learned Senior Civil Judge, Kushtagi is withdrawn and transferred to the Court of learned Senior Civil Judge, Lingasugur, for its disposal in accordance with law.
c. The parties are directed to appear before the Court of learned Senior Civil Judge, Lingasugur on 02.12.2026 at 11.00 a.m. to take notice of further proceeding in transferred petition.
d. Office is directed to communicate the order to the concerned courts, forthwith.
In view of the disposal of the petition, pending applications if any, stand disposed of as they do not survive for consideration.