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2010 DIGILAW 445 (KAR)

Sushma Arun Singh v. S. K. Arun Singh

2010-04-01

H.BILLAPPA

body2010
Judgment : The petitioner has filed this petition under Section 24 of the Civil Procedure Code, 1908, praying for transfer of M.C. No. 47 of 2003, which is pending on the file of the Civil Judge (Senior Division) at Hassan to the Family Court at Mysore. 2. It is stated in the petition, the marriage between the petitioner and the respondent was solemnised at Mysore on 20-5-2002 and after the marriage, the petitioner stayed with the respondent and thereafter, during Deepavali festival the respondent left the petitioner at Hassan. The respondent used to visit the petitioner and the petitioner conceived and gave birth to a female child. It is also stated, the respondent and his parents harassed the petitioner. Further it is stated, the petition filed by the petitioner for maintenance is pending at Mysore in the Family Court in C. Misc. No. 86 of 2007. It is also stated, the petitioner is without any means and therefore, it is difficult for the petitioner to travel to Hassan every time to attend the case. It is therefore, the petitioner has prayed for transfer of M.C. No. 47 of 2003 to the Family Court at Mysore. 3. The Respondent remains un-presented, through served. 4. The learned Counsel for the petitioner contended that the petitioner is staying at Mysore with her child and the petitioner is without any means and therefore, it is difficult for the petitioner to travel to Hassan every time to attend the case. He also submitted that the petition filed by the petitioner for maintenance is pending at Mysore and the evidence is yet to commence in the case at Hassan and therefore, the case may be transferred to Mysore. 5. I have carefully considered the submission made by the learned Counsel for the petitioner. 6. I find considerable force in the submission of the learned Counsel for the petitioner. It is not in dispute, the marriage between the petitioner and the respondent was solemnised at Mysore on 20-5-2002. The petitioner is staying at Mysore with her parents. The petitioner has got a small child and the petitioner is without any means. Therefore, it is difficult for the petitioner to travel to Hassan every time to attend the case. The petition filed by the petitioner for maintenance is pending at Mysore in C.Mis.No.86 of 2007. Therefore, it is proper to transfer the case to Mysore. 7. The petitioner has got a small child and the petitioner is without any means. Therefore, it is difficult for the petitioner to travel to Hassan every time to attend the case. The petition filed by the petitioner for maintenance is pending at Mysore in C.Mis.No.86 of 2007. Therefore, it is proper to transfer the case to Mysore. 7. Accordingly, the civil petition is allowed and M.C. No. 47 of 2003, which is pending on the file of the Civil Judge (Senior Division) at Hassan is transferred to the Family Court at Mysore. The Civil Judge (Senior Division) at Hassan shall transfer the matter to the Family Court at Mysore within four weeks from the date of receipt of a copy of this order. The Family Court at Mysore shall dispose of the matter on merits.