The main legal point established in the judgment is the applicability of Section 24 of the Code of Civil Procedure to the Family Court's jurisdiction, allowing the transfer of cases based on the petitioner's convenience and hardship in attending court proceedings.

JUDGMENT

1. Though these petitions are listed for admission, with the consent of the learned counsel for the petitioner and respondent, heard on merits for final disposal.

2. The petitioner is a wife seeking transfer of M.A.T Nos.40 and 69 of 2018 and G & W.C.No.27/2018 pending on the file of the Senior Civil Judge and JMFC, Kudligi to be transferred to the Court of Principal Judge, Family Court, Ballari.

3. The petitioner is legally wedded wife of the respondent. Their marriage was solemnized on 01.05.2004 at Torangal Village, Sandur Taluk as per the Hindu marriage customs and rituals. After the marriage, the petitioner and respondent lived together and lead happy marital life for about one year. During the said period, the petitioner became pregnant and she went to the house of her parents at Torangal village. A male baby was born on 02.06.2005 named as Chi.Chetankrishna. After she came to the house of the respondent, the respondent started quarreling with the petitioner and his parents ill-treated the petitioner. The petitioner has filed a petition for restitution of conjugal rights which is registered as M.A.T.No.69/2018 before the Senior Civil Judge and JMFC, Kudligi. As a counter blast, the respondent filed divorce petition before the Senior Civil Judge and JMFC, Kudligi in M.A.T.No.40/2018. The petitioner has also filed a petition under Section 10 of the Guardian and Wards Act before the Principal District and Sessions Judge, Ballari which is registered as G & W.C.No.27/2018.

4. Heard the learned counsel for the parties.

5. The learned counsel for the petitioner-wife submits that the petitioner is residing at Ballari in her parents house and it will be inconvenience for the petitioner to appear before the Kudligi Court. The difference between Ballari and Kudligi is about 180 kms and nobody is there to accompany the petitioner for attending the Court at Kudligi for defending the cases. As such, the petitioner sought for transfer of M.A.T.Nos.40 and 69 of 2018 and G & W.C.No.27/2018 to the Court of Principal Judge, Family Court, Ballari.

6. Per contra, the learned counsel for the respondent submits that there are no valid reasons to transfer the cases as prayed for. The petitioner has already filed Crl.Misc.No.280/2018 seeking maintenance before the JMFC Court at Sandur and did not seek for transfer of the said case to Ballary Court. He submitted that distance between Kudligi and Ballari is not 180 kms but it is approximately about 60-70 kms. He further submits that the petition filed by the petitioner is not maintainable before this Court and seeks dismissal of the petitions.

7. In view of the rival contentions, the points that arise for consideration are:

i) Whether there are valid grounds for transfer of M.A.T.Nos.40 and 69 of 2018 and G & W.C.No.27/2018 to the Court of Principal Judge, Family Court, Ballari?

ii) Whether this Court has got jurisdiction to transfer the cases filed within the territorial jurisdiction of the District Court?

8. As could be seen from the records, at present the petitioner is residing at Ballari in her parents house. As per Section 19(ii) of the Hindu Marriage Act, 1955, every petition shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction, the respondent at the time of the presentation of the petition, resides. Presently, the petitioner is residing at Ballari and no hardship or injustice is caused to the respondent and the respondent can attend the Court at Bellari. On the contrary, if the cases are not transferred, the petitioner will not be in a position to defend the cases properly and further nobody is there to accompany her to attend the cases at Kudligi. This Court in the case of M.V.Rekha v. Sathya Alias Suraj reported in 2011 (2) Kar.L.J. 643 , it is held as under:

'15. The cardinal principal for exercise of power under Section 24 of the Code of Civil Procedure is that ends of justice demand the transfer of the suit, appeal or o