Smt. Shweta vs Kashinath

Heard Sri Sanganabasava B. Patil, learned counsel for the petitioner.

This petition is filed by the wife seeking transfer of M.C.No.29/2023, pending on the file of the Senior Civil Judge and JMFC, Ramdurga, to the court of Addl. Principal Judge, Family Court, Vijayapura.

Sri Sanganabasava B. Patil, learned counsel for the petitioner, submits that the petitioner is residing at Vijayapura, where Crl.Misc.No.192/2024 has been filed under Section 125 of Cr.P.C., whereas the respondent has instituted M.C.No.29/2023 under Section 13(1)(i-a) (i-b) of the Hindu Marriage Act, 1955, before the jurisdictional Court at Ramdurga. It is further submitted that the distance between Vijayapura and Ramdurga is about 180 kilometres, and the petitioner finds it difficult to travel such distance, particularly as she is required to take care of her minor child. Hence, it is prayed that M.C.No.29/2023 be transferred to the jurisdictional Court at Vijayapura.

Notice to the respondent is held sufficient vide order dated 01.09.2026.

Considered the submissions made by the learned counsel for the petitioner.

On perusal of the memorandum of Crl.Misc.No.192/2024, it is evident that the residence of the petitioner herein is shown as Vijayapura. It is well settled that, while considering a prayer for transfer of matrimonial proceedings, the convenience of the wife and welfare of the child is of paramount consideration. The petitioner is also required to take care of her aged parents. In such circumstances, it would be difficult for her to effectively participate in the proceedings at Ramdurga. It is also contended that a parallel proceeding under Section 125 of Cr.P.C., is pending before the jurisdictional Court at Vijayapura. The trial of both petitions before one Court would not only be convenient for the parties but would also facilitate the effective and expeditious adjudication of the dispute.

In view of the above, the following:

The civil petition is allowed.

The M.C.No.29/2023, pending on the file of Senior Civil Judge, Ramdurga, is hereby withdrawn and transferred to the court of Addl. Principal Judge, Family Court, Vijayapura.