The convenience of the wife in matrimonial matters is a relevant consideration for transfer petitions, and transfer should be based on sufficiently cogent grounds and the balance of convenience of the parties.

JUDGMENT

Jyothi Mulimani, J. - Sri. Prashant Mathapati., learned counsel for petitioner has appeared in person. Though notice is served, respondent has remained unrepresented.

2. The facts are quite simple and are stated as under:

It is stated that the Petitioner and respondent are husband and wife and their marriage was solemnized on 31.10.2008 in Bengaluru. They lived blissfully for some time. Due to difference of opinion and misunderstanding, the respondent was constrained to file a petition seeking restitution of conjugal rights before the Principal Family Court at Bengaluru in M.C. No. 6263/2021.

Aggrieved by the institution of the petition, the petitioner wife has filed this petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of case in M.C. No. 6263/2021 from the Court of Principal Family Judge, Bengaluru to the Court of Principal Family Court, Ballari.

3. Sri. Prashant Mathpati., learned counsel for petitioner submits that the petitioner is residing at Ballari and her husband has filed the petition for restitution of conjugal rights before the Family Court at Bengaluru. Next, he submitted that the petitioner is not able to go to Bengaluru to attend the case which is quite a distance from her place of residence. A further submission is made that it would be very difficult and inconvenient for the petitioner to go to Bengaluru as and when the case is posted as the respondent has refused to maintain her and she is not able to meet the travelling expenses. It is also submitted that with a great difficulty she is maintaining herself. Learned counsel vehemently contended that petitioner is a helpless lady and she is not in a position to travel to Bengaluru and contest the case. Lastly, he submitted that the grounds urged for transfer may be taken into consideration and the case may be transferred from the Court Principal Family Court at Bengaluru to the Court of Family Judge, Ballari.

4. Heard the contentions urged on behalf of petitioner and perused the petition paper with care.

5. The short question which would arise for consideration is whether the case in M.C. No. 6263/2021 pending on the file of Principal Family Court at Bengaluru be transferred to the Family Court, Ballari?

It is not in dispute that petitioner and respondent are husband and wife. Their marriage was performed on 31.10.2008 in Bengaluru. They lived blissfully for some time. Due to difference of opinion and misunderstanding, petitioner was constrained to live apart from her husband-respondent.

Due to conflicts and misunderstandings, parties have chosen to litigate the issues before the Court of Law. The respondent has filed a petition in M.C. No. 6263/2021 wherein he has sought the aid of the Court seeking restitution of conjugal rights. He has chosen the Forum of Family Court at Bengaluru. But, the wife-petitioner has sought for transfer of the case.

The question being whether there is some other Forum which is appropriate for the trial of the action. According to petitioner, the Court at Ballari is the appropriate Forum to litigate the dispute. The grounds taken by wife in the transfer petition are;

. Travel is unsafe being a lady,

. Expenses required for travel,

. Inconvenience to travel, Hence, this petition under Section 24 of CPC.

In this regard, it would be relevant to refer to Section 24 of the Code of Civil Procedure, 1908.

"24 GENERAL POWER OF TRANSFER AND WITHDRAWAL (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage,-

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it; and

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any