The petitioner/wife is before this Court under Section

24 of CPC with a prayer to transfer the proceedings in

M.C.No.5964/2022 on the file of the III Additional Principal

Judge, Family Court, Bengaluru to the Principal Judge,

Family Court at Shivamogga.

2.

Heard the learned counsel Sri.P.N.Harish for

petitioner/wife and learned counsel Sri.Amit A. Deshpande

for respondent. Perused the Civil Petition papers.

3.

It is submitted that marriage of the petitioner

and respondent was solemnized on 08.05.2014 and from

the marriage, they have two minor children aged 7 and 5

years respectively. Learned counsel for the petitioner

would submit that petitioner is residing at Shivamogga

with her parents along with two minor children. Learned

counsel would submit that respondent has instituted

proceedings in M.C.No.5964/2022 under Section 13(1)(ia)

of the Hindu Marriage Act, 1955 (for short, ‘1955 Act’)

seeking

dissolution

of

marriage

at

Family

Court,

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Bengaluru. Learned counsel would submit that it would be

difficult for petitioner to travel from Shivamogga to

Bengaluru to attend the proceedings along with her minor

children.

Learned

counsel

would

also

submit

that

Crl.Misc.No.128/2023 and M.C.No.91/2023 filed under

Section 9 of the 1955 Act by petitioner/wife are pending

before the Family Court at Shivamogga. Therefore, it is

prayed that M.C.No.5964/2022 pending on the Family

Court at Bengaluru be transferred to the Family Court at

Shivamogga.

4.

Per

contra,

learned

counsel

Sri.Amit

A.

Deshpande for respondent/husband would submit that

petitioner/wife is working in a company situated at

Bengaluru, but the petitioner has suppressed the said fact.

Further, learned counsel would submit that petitioner has

to look after his aged parents at Bengaluru. It is also

stated that uncle of the petitioner/wife attempted to

manhandle respondent/husband at Bengaluru. As there is

likelihood of manhandling by uncle of the petitioner/wife at

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Shivamogga, learned counsel prays that other than

Shivamogga, the proceedings be transferred to any other

Court. Thus, he prays for appropriate order.

5.

Having heard the learned counsel appearing for

the parties and on perusal of the civil petition papers, I am

of the view that petitioner/wife would be entitled for the

relief sought in the petition.

6.

Admittedly,

respondent/husband

filed

M.C.No.5964/2022 on the file of the III Additional Principal

Judge, Family Court at Benglauru and the cause title of the

said

petition

would

indicate

the

address

of

the

petitioner/wife

at

Shivamogga.

Therefore,

the

respondent/husband cannot dispute that petitioner/wife is

residing at Shivamogga along with her parents. The

petitioner has to look after two minor children aged 7 and

5 years respectively. Normally, while considering petition

filed under Section 24 of CPC for transfer, more

particularly, in matrimonial cases, the Court shall have to

take note of the inconvenience or hardship that would be

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caused to the wife along with social and financial status of

the parties. In the instant case, petitioner is residing at

Shivamogga along with her parents and minor children. It

would be difficult for the petitioner/wife to travel from

Shivamogga to Bengaluru along with her minor children.

7.

Learned counsel for the respondent contends

that the respondent/husband has to look after his aged

parents and he has threat if he enters Shivamogga from

uncle of the petitioner/wife. Admittedly, the incident of

attempting to manhandle has taken place at Bengaluru.

Moreover, the ground that respondent/husband has to

look after his aged parents is not a ground to deny the

transfer of proceedings. Further, learned counsel for

respondent/husband would submit that uncle of the

petitioner/wife

is

from

Shivamogga.

Therefore,

he

apprehends attack from uncle of the petitioner/wife. It is

only an apprehension of the respondent/husband. Such

apprehension of respondent/husband cannot be a reason

to deny relief to the petitioner/wife.