Point of Law : Proceedings are already in the concluding stage, it may not serve any useful purpose if the petition / case is transferred. Hence, it may not be proper to direct the transfer petition from Bagalkot to Jewargi.

ORDER :

1. Sri.Ganesh S.Kalaburgi, learned counsel for petitioner and Sri.B.K.Hiremath, learned counsel for respondent have appeared in-person.

2. In these proceeding, the parties to a dispute have chosen to litigate in order to determine where they shall litigate.

3. The short facts are as under; Petitioner and respondent are husband and wife and their marriage was solemnized on 29.04.2008 at Maya Mandir Kalyan Mantap at Kalaburagi. From the wedlock, they have a child by name - Tarun. Petitioner and respondent lived happily for four years.

It is averred that respondent was earlier working in Hipparga village, Jhamkhandi Taluk, Bagalkot District and petitioner was working in Kalaburagi District. Despite the work load, petitioner used to travel to respondent's place frequently. As the distance was creating lot of differences among petitioner and respondent, petitioner requested respondent to take transfer to Kalaburagi. He also made all the facilities such as house, car and other facilities available for his wife. But the wife asked to resign from his job and move to Bagalkot to live with her and make a living out of her earnings only. The said demand was not fulfilled by petitioner; hence it is stated that respondent deserted him and started living separately from her husband.

Petitioner in order to have cordial relationship and in order to solve the issue amicably and also to avoid negative impact on the child went to the place of respondent many a times to bring her back, but all those efforts went in vain. Petitioner finally in order to lead his life with the respondent filed a petition for restitution of conjugal rights in M.C.No.207/2016 before the Family Court, Kalaburagi. Respondent contested the said case and filed her objections. It is also stated that she requested petitioner not to file such petitions and also assured that she would come back and join him. Believing the assurance, petitioner did not contest the petition and hence, the same was dismissed for non-prosecution.

As matter stood thus, as per the assurance made by his wife, petitioner waited for respondent to come back to her matrimonial home and discharge her marital obligations, but to his shock, she initiated proceedings for partition and separate possession in O.S.No.84/2018 before the Senior Civil Judge & JMFC, Jewergi. Further, she also initiated proceedings for divorce in M.C.No.8/2019 before the I Additional Senior Civil Judge and JMFC, Bagalkot against petitioner.

Aggrieved by the institution of the divorce petition, petitioner has filed this petition under Section 24 of CPC seeking transfer of M.C.No.8/2019 from the Court of I Additional Senior Civil Judge and JMFC, Bagalkot to Senior Civil Judge, Jewergi.

4. Sri.Ganesh S. Kalaburgi, learned counsel vehemently submits that petitioner / husband had filed petition before Family Court at Kalaburagi for restitution of conjugal rights and the same was contested by respondent. In order to harass him, respondent has filed divorce petition before the Senior Civil Judge, Bagalkot, which has no jurisdiction to entertain the petition.

A further submission was made that respondent on behalf of her son has filed suit for partition against petitioner before the Senior Civil Judge at Jewergi. In the circumstances, it may not cause any inconvenience if the divorce petition is transferred to the Court at Jewergi.

It is contended that respondent is a Government employee and she is gainfully employed. Hence, he sought to urge that there is no impediment for the respondent to travel from Bagalkot to Jewergi to contest the case.

Lastly, he submitted that the case may be transferred from the Senior Civil Judge, Bagalkot to the Court of Senior Civil Judge, Jewargi. Accordingly, he submitted that the revision petition may be allowed.

5. Sri.B.K.Hiremath, learned counsel for respondent submitted that though in the cause title the address of respondent is shown as resident of Jewergi Taluk, Kalaburagi District, but she is residing at