ORDER

The petition is filed by the wife seeking for withdrawal of the proceedings in M.C.No.39/2023 pending on the file of the Additional Senior Civil Judge and JMFC at Hunsur and has sought for transfer of the same to the Family Court at Udupi.

2. It is the case of the petitioner that the petitioner and respondent had entered into a matrimonial relationship on 07.02.2018 and from within the wedlock, they have a female child aged about four years.

3. It is submitted that after differences of opinion had crept in and the respondent-husband has instituted proceedings seeking dissolution of the matrimonial relationship in M.C.No.39/2023 before the Court of Principal Senior Civil Judge and JMFC at Hunsur. It is submitted that distance between the petitioner's residence at Udupi and the Court at Hunsur is about 250 kilometers and traveling such distance effects the educational interest of the child as well as it would be difficult to leave the child alone if the petitioner is required to attend the proceedings before the Court at Hunsur. Accordingly, petition has been filed.

4. Learned counsel appearing for the respondent has filed statement of objections to the petition and submits that the parents of the respondent are senior citizens and are suffering from medical ailments. It is submitted that respondent's father is ailing from Osteoporosis and his movement is curtailed and he needs support for his daily routine activities. It is further submitted that the respondent's father has been diagnosed with a tumor in his neck and the same has been operated upon which has led to dependence upon the respondent.

5. Learned counsel for the respondent further submits that the petitioner is staying along with other members of the extended family and accordingly, child could be looked after by the extended family, where the inconvenience is lesser compared to the inconvenience caused to the respondent - husband.

6. Heard learned counsel for the petitioner and learned counsel for the respondent.

7. It is not in dispute that petitioner is currently residing in Udupi, to attend to the proceedings before the Addl. Senior Civil Judge and JMFC at Hunsur involves travel of a distance of about 250 kilometers. It is also not in dispute that the petitioner and the respondent have a child aged about four years. If that were to be so, attending the proceedings at the Court of Hunsur by traveling and leaving the child of tender age alone is an aspect of inconvenience that has to be taken note of. No doubt the respondent has also made out certain difficulties such as need to look after aged parents, also his father has medical issues.

8. However, when both the convenience and inconvenience of the respective parties are balanced, it cannot be lost sight of that the distance to be traveled while attending the case involving multiple issues also imposes psychological stress on the wife and need to look after the child of tender age who may not be in a position to be left alone, if taken note of, would result in the inconvenience of the wife much more than the inconvenience of the husband.

9. Accordingly, case is made out and the petition is allowed. The proceedings in M.C.No.39/2023 pending before the Court of Additional Senior Civil Judge and JMFC at Hunsur is withdrawn and transferred to the Family Court at Udupi. The records relating to M.C.No.39/2023 to be transmitted forthwith to the Family Court at Udupi.

10. Once the proceedings are transferred, the proceedings in M.C.No.39/2023 is to be expedited taking note of the seniority of the petition vis-á-vis other pending matters.