The present petition is filed by the petitioner-wife

under Section 24 of the Code of Civil Procedure, 1908

(“CPC”) for transfer of the petition filed under Section

13(1)(ia) of the Hindu Marriage Act, 1955 (“the Act” for

short) by the respondent – husband on the file of the

Family Court, Belagavi, and transfer the same to the

Family Court, Bengaluru.

2.

Brief facts of the case are that the petitioner

and the respondent are husband and wife and their

marriage was solemnized on 26/12/2010 at Vidhyadhiraj

Sabhagraha Belagvi as per the Hindu custom and

tradition. They both resided at Bengaluru after their

marriage and a baby boy by name Arnav was born to

them on 11/11/2011. It is stated that the petitioner-wife

had suffered mental and physical cruelty at the hands of

the respondent-husband constantly by demanding dowry

from her parents’ home. It is stated that the respondent

moved to Brussels in Belgium. The petitioner along with

her son had joined her husband with a fond-hope of

leading

a

matrimonial

life,

but

due

to

uncordial

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relationship between the petitioner and respondent and

the constant harassment and torture by the respondent,

the petitioner was forced to return back to India and take

the shelter under her brother and the financial needs are

now being looked after by her brother. It is stated that

the husband filed petition in MC.No.01/2022 under Section

13(1)(ia) of the Act seeking divorce from the petitioner

before the Family Court, Belagavi.

3.

The petitioner has moved this application for

transfer from the Family Court, Belagvi to the family Court

Bengaluru, stating that she being a lady having minor

child living in her brother’s house, along with her mother

at Bengaluru who is aged and the petitioner having no

source of income of her own, finding it difficult to attend

the proceedings at Belagavi, which is at a distance of 500

kms. and travel time being nearly ten hours. It is further

stated that the mother of the petitioner is highly diabetic

and her brother is currently taking care of all her and her

child’s expenses. Therefore, traveling from Bengaluru to

Belagavi would cause great inconvenience and more so,

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there is literally no physical support or financial support

from her family members.

4.

Heard the learned counsel for the petitioner and

learned counsel appearing for the respondent.

5.

The

marriage

of

the

petitioner

and

the

respondent is not in dispute. It is also not in dispute that

the petitioner-wife is the resident of Bengaluru and that

the respondent-husband is the resident of Brussels

Belgium as he is employed there as an engineer. The

petitioner is aged about 39 years and does not have any

source of income of her own and she is totally depending

on her brother who is currently maintaining her and her

child at Bengaluru. In order to attend the proceedings of

the case filed by the husband at Belagavi, though he is

now resident of Brussels, Belgium, she has to travel alone

all the way from Bengaluru to Belgavi as her mother is not

in a position to accompany the petitioner due to old age

and her minor child who would have to be taken care by

her mother. The distance between Bengaluru and Belagavi

is nearly 500 kms. and travel time is nearly ten hours,

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which is making it difficult for her financially as she is not

employed and totally depending on her brother.

6.

Section 24 of the CPC envisages the Court to

exercise the power for transfer. The cardinal principle

being that to meet the ends of justice should demand

transfer of the suit, appeal or other proceedings in the

matrimonial matters, wherever Courts are called upon to

consider the plea of transfer, the various grounds that are

to be considered for transfer of matrimonial proceedings

are;

(i)

age of the wife,

(ii)

family condition of the wife,

(iii)

wife having custody of a minor child,

(iv)

economical condition of the wife,

(v)

physical health,

(vi)

profession of the husband,

(vii)

inconvenience of the wife f