Smt. Bhagyalakshmi vs N.S. Suresh

Ashok B. Hinchigeri, J.—The petitioner has sought the transfer of M.C. No. 42 of 2012 from the Court of the Senior Civil Judge, Turuvekere to the Court of the Senior Civil Judge, Hiriyur. The learned Counsel for the petitioner submits that it takes 4 1/2 hours to traverse the distance from Hiriyur to Turuvekere. He submits that the bus connectivity is also not good. He submits that the petitioner is being threatened by the respondent. He submits that the petitioner has already filed C. Misc. No. 23 of 2013 in the jurisdictional Court at Hiriyur. He submits that the petitioner has the financial difficulty in coming to Turuvekere to take part in the proceedings in M.C. No. 42 of 2012.

The learned Counsel appearing for the respondent submits that the respondent is anxious to take back the petitioner. The notice issued on his behalf is not even replied by the petitioner. He submits that the respondent is an agriculturist and that he has the difficulty in travelling to Hiriyur. He submits that C. Misc. No. 23 of 2013 is only a counter-blast to M.C. No. 42 of 2012. He submits that M.C. No. 42 of 2012 is filed on 11-12-2012 and C. Misc. No. 23 of 2013 is Filed on 21-1-2013.

It cannot be accepted that the petitioner has any surmounting difficulties so as to prevent her from travelling from Hiriyur to Turuvekere, a distance of 140 Kms. The petitioner''s petition is later in point of time. The provisions contained in Section 21-A(2)(b) of the Hindu Marriage Act, 1955, read as follows.--

21-A. Power to transfer petitions in certain cases.--(1) xxxxx

(2) In a case where sub-section (1) applies.--

(a) x x x x x x x

(b) if the petitions are presented to different District Courts, the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the District Court in which the earlier petition was presented.

As there is no prayer for transferring C. Misc. No. 23 of 2013 from Hiriyur to Turuvekere by either of the parties, I am not making an order for its transfer. As far as the petitioner''s financial difficulties are concerned, it is open to the petitioner to make an I.A. seeking the litigation expenses. If one such I.A. is filed, the Court of the Senior Civil Judge, Turuvekere shall dispose of the said I.A. within ten days from the date of its filing.

As far as the allegation of life threat is concerned, it is open to the petitioner to seek the police protection. Depending on the threat-perception, the police shall give adequate protection to the petitioner. This petition is accordingly disposed of. No order as to costs.