Smt. Bhagyashree @ Madhu vs Sri. Siddivinayak

Heard learned Counsel for the Petitioner and learned Counsel for the Respondent.

The petitioner is the wife of the respondent.

This petition is filed under Section 24 of CPC praying to transfer the petition in M.C. No.94/2026 pending on the file of learned I Additional Principal Judge, Family Court, Gadag to the Court of learned Senior Civil Judge and Principal JMFC, Sirsi.

The respondent has maintained the petition in M.C. No.94/2026 against the petitioner under Section 13(1)(ia)(ib) of the Hindu Marriage Act. The petitioner is seeking transfer of the said petition pending before the Court at Gadag to the Court at Sirsi on the ground that the distance between Gadag and Sirsi is about 160 kms and she finds it difficult to travel alone from Sirsi to Gadag. She further submits that she is presently residing with her parents at Sirsi and she is incapable of maintaining herself or to bear the travelling expenses. She states that her father is a daily wager and only earning member of the family. Hence, she contends that it would be highly inconvenient for her to attend the proceedings before the Court at Gadag and prays to allow the petition.

Learned Counsel for the Respondent vehemently submitted that the respondent is working in a private institution on daily wages and that the transfer of the case from Gadag to Sirsi would cause great inconvenience to him.

As per the averments of the petition in M.C. No.94/2026 the marriage of the petitioner and the respondent was solemnized on 17.11.2024 and thereafter they lived together hardly for few months. As averred in the said petition, the petitioner returned to her parental house and presently residing at Sirsi. The said petition is silent about the avocation of the petitioner or about she having any source of income. Thus, the materials on record give an impression that the petitioner has no independent source of income and she is depending upon her parents. Further, undisputedly the distance between Gadag and Sirsi is about 160 kms. It is the definite case of the petitioner that her father is a daily wager and there is no one to accompany her during her visit to the Court at Gadag. The respondent may be on daily wages or the employment on temporary basis as contended by him. However, if we compare the position of the petitioner with that of the respondent, in all probability the petitioner would be put to more inconvenience if she is asked to attend the proceedings before the Court at Gadag. Hence, on being satisfied as to ground made out by the petitioner, this Court proceeds to pass the following:

a. The Civil Petition is allowed.

b. The proceeding in M.C. No.94/2026 pending on the file of learned Principal Judge, Family Court, Gadag is withdrawn and transferred to the Court of learned Senior Civil Judge and Principal JMFC, Siris, for its disposal in accordance with law.

c. The parties are directed to appear before the Court of learned Senior Civil Judge and Principal JMFC, Siris on 05.10.2026 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, the pending application if any, stand disposed of as it does not survive for consideration.