IMPORTANT POINT
Transfer of Matrimonial Case – Each and every case has to be considered on its own merits.

JUDGMENT :

Rajesh Bindal, J.

1. The present petition has been filed by the petitioner-wife seeking transfer of M.C. No. 331 of 2021 titled as “Dr. Edmond Clint Fernandes vs. Mrs. Delma Lubna Coelho” pending before the Family Judge at Mangaluru, Karnataka to the Family Court at Bandra, Mumbai, Maharashtra.

2. Learned counsel for the petitioner submitted that the parties met on Facebook in the month of December, 2019 and they got married on 05.12.2020 as per Christian rites and customs at Our Lady of Miracles Church, Mangaluru.

3. It is pleaded that after the marriage, the petitioner was living with the respondent at her matrimonial home at Mangaluru where she was illtreated, insulted and humiliated by the respondent and his family members. She was accused for each and everything and offensive language was used against her. The respondent, in the pretext of giving her a break for 10-15 days, booked a one-way ticket for the petitioner and sent her to Mumbai on 15.01.2021. Thereafter, he disconnected all relations with her. On 05.07.2021, after COVID-19 Pandemic restrictions were eased, the petitioner came back to Mangaluru. However, she was denied entry in her matrimonial home by the respondent and his family members. She was completely broken down. She approached the Police Station at Pandeshwar, Mangaluru and lodged a complaint.

4. The Superintendent of Police intervened and called respondent to the Police Station. The respondent stated that he has already issued a divorce notice and his petition seeking divorce is in the process of filing. Despite repeated requests made by the petitioner, the respondent did not mend his ways.

5. On 06.08.2021, she replied to the legal notice stating that she is ready and willing to come to her matrimonial house and wanted to live a happy married life. On 10.08.2021, she received summons of the Court along with copy of the divorce petition filed in the Family Court at Mangaluru.

6. Learned counsel for the petitioner submitted that she is living with her old aged parents at Mumbai. There is no one at her home to accompany her from Mumbai to Mangaluru to contest the petition, which is more than 1,000 km from Mumbai. She does not even know Kannada language. Whereas the respondent will not face any problem in case the petition is transferred to Mumbai (Maharashtra). The parties lived together only for a period of about 40 days. It is stated by the petitioner that if given an opportunity, she would try to reworkout the marriage. The petitioner was forced to take up job with a bank as the respondent refused to support her financially. In case, she frequently travels to Mangaluru to attend the hearings, she is at the risk of losing her job being fresher. It will not be possible for her to bear the cost as well.

7. On the other hand, learned counsel for the respondent submitted that though the parties had met on social media, one year prior to their marriage, she had even visited to Mangaluru after COVID-19 Pandemic/restrictions were eased and they met frequently. She was well aware of the family background of the respondent and also the status of his family. In fact, immediately after the marriage, the behaviour of the petitioner was not the same as was prior to the marriage. The respondent resides with his aged parents. He is a doctor by profession. The respondent is also the founder and CEO of a global health organization involved in philanthropic activities. Initially petitioner was proud of this but later on the attitude changed. The respondent also paid professional fees for engineering grade to ensure petitioner’s financial independence as desired by her even prior to their marriage. She now misbehaved with the respondent’s parents as she wanted to live a luxurious life. All positive points prior to the marriage were now negative.

8. In fact, the petitioner being a permanent resident of Canada, was habitual of that lifestyle. The marriage was just to spoil the life of the respondent though initially, it