Smt. Priya vs Shri Amarish

Heard the learned counsel for the respective parties.

This petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner-wife seeking transfer of the proceedings in M.C. No.82 of 2024, instituted by the respondent-husband herein and pending before the Senior Civil Judge and JMFC, Lingasugur, to the Principal Judge, Family Court, Vijayapura.

The learned counsel appearing for the petitioner submits that the respondent herein has instituted the proceedings at Lingasugur with a willful and mala fide intention. It is further submitted that the petitioner would have to incur travelling expenses and travel alone over such a long distance to attend the proceedings before the Court at Lingasugur.

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 parties and perused the material placed on record.

The respondent herein has instituted proceedings under Sections 13 (1) (ia) and 13 (1) (ib) of the Hindu Marriage Act, 1955, in M.C.No.82 of 2024 before the Senior Civil Judge and JMFC, Lingasugur, against the petitioner-wife, seeking dissolution of the marriage solemnized between the petitioner and the respondent. The said proceedings were instituted on 24.08.2024.

The petitioner herein has instituted proceedings under the Protection of Women from Domestic Violence Act, 2005, in Crl.Misc.No.1714/2024 before the II Additional Civil Judge and JMFC, Vijayapura, on 04.11.2024.

It is apparent from the material on record that the petitioner is a resident of Vijayapura. The distance between Vijayapura and Lingasugur being nearly 130 kilometres, the petitioner would be put to considerable inconvenience and would also have to incur additional expenditure towards travelling to Lingasugur for attending the proceedings.

It is well settled that, while considering a petition seeking transfer of matrimonial proceedings, the convenience of the wife is a relevant and important consideration.

In view of the above, the following:

I. The civil petition is hereby allowed.

II. The proceedings in M.C. No.82 of 2024 pending before the Senior Civil Judge and JMFC, Lingasugur, are hereby transferred to the jurisdictional Court at Vijayapura.