Aparna P. Garg W/o Samooh Kejriwal v. Samooh Kejriwal S/o Saroj Kumar Kejriwal
2017-11-09
K.N.PHANEENDRA
body2017
DigiLaw.ai
ORDER : 1. Heard the learned counsel for the parties. Perused the records. 2. On the previous date of hearing, learned counsel for the petitioner submitted before the Court that if the petitioner is provided with travelling expenses, she has no objection for attending the Court at Bellary. As could be seen from the records, the petition is filed in MAT No. 110/2017 on the file of Prl. Family Court, Bellary, which was sought to be transferred to Family Court at Bangalore. It is also submitted by the learned counsel for the petitioner that since the date of filing of the petition, the petitioner herein has been appearing before that Court and also attended the Mediation. As mediation failed, now the matter is referred back to the Court for evidence. Objections have to be filed by the respondent therein. Under that juncture, present petition appears to have been filed. 3. This is the matrimonial matter. It goes without saying that on all the hearing dates, the parties need not be present. Only for the purpose of giving evidence, presence of the parties is needed. Otherwise, they could give instructions to the counsel to proceed with the matter. In view of the above said submission already made and when the respondent is ready to pay the travelling expenses and other incidental expenses to the petitioner, there is no ground made out for transfer of the present petition. 4. Though the learned counsel at the time of argument submit that, she has made a mistake while submitting earlier that petitioner has no objection to attend the Court provided expenses being paid. Learned counsel now submits that parents of the petitioner are ailing and she is residing at Bangalore and taking care of her parents. These materials were very much available as on the date of making submission before the Court. The Court presumed that with all responsibility such submission has been made before Court. As I have already noted that if the petitioner engages a counsel, for a very limited purpose, she has to attend the Court on a specific date. When the respondent is ready to bear the expenses and incidental changes, there is no ground made out for transfer of the said case to Bangalore, particularly considering the facts of this case. 5. In the above said circumstances, this petition does not merit for consideration.
When the respondent is ready to bear the expenses and incidental changes, there is no ground made out for transfer of the said case to Bangalore, particularly considering the facts of this case. 5. In the above said circumstances, this petition does not merit for consideration. Hence, the same is liable to be dismissed. Accordingly, dismissed with the above said observation. Further, it is made clear that on every date of hearing on which the petitioner goes to Bellary and appears before the Court, the respondent is hereby directed to bear the traveling expenses and also incidental charges to be fixed by the trial Court.