Smt. Archana vs Kirankumar

Heard the learned counsels for the respective parties.

This petition is filed under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of the proceedings in M.C.No.335 of 2025, pending on the file of the Principal Judge, Family Court, Kalaburagi, to the jurisdictional court at Bidar.

The learned counsel appearing for the petitioner-wife submits that the petitioner has no independent source of income and would be required to travel alone to Kalaburagi to attend the court proceedings. It is further submitted that the distance between Bidar and Kalaburagi is approximately 120 kilometres and that the journey would take about three to four hours. It is contended that the petitioner would also have to incur additional expenses towards travelling, thereby causing her inconvenience and hardship.

Per contra, the learned counsel appearing for the respondent opposes the submissions made by the learned counsel for the petitioner.

Considered the submissions made by the learned counsels for the respective parties and perused the materials placed on record.

A perusal of the petition papers would indicate that the respondent herein, being the husband of the petitioner, has instituted proceedings under Section 9 of the Hindu Marriage Act, 1955, seeking a decree of restitution of conjugal rights against the petitioner herein. The said proceedings were instituted on 19.09.2025 in M.C.No.335 of 2025 before the Family Court at Kalaburagi.

The petitioner herein is a resident of Bidar. The distance between Bidar and Kalaburagi is approximately 120 kilometres, and the journey would take about three to four hours. It is a settled principle of law that, while considering a petition seeking transfer of matrimonial proceedings, the Court is required to give due consideration to the convenience and hardship of the wife.

In the present case, the petitioner would be required to travel a considerable distance to attend the proceedings at Kalaburagi and would also have to incur additional expenditure towards travelling. The same would cause inconvenience and hardship to the petitioner.

In view of the foregoing, the following:

I. The civil petition is hereby allowed.

II. The proceedings in M.C. No. 335 of 2025 pending on the file of the Principal Judge, Family Court, Kalaburagi, are hereby transferred to the jurisdictional court at Bidar.