R.DEVDAS J., (ORAL):

Petitioner has filed this civil petition under Section 24

of CPC seeking transfer of M.C.No.11/2022 from the court

of the Senior Civil Judge and JMFC, Badami to the Family

Court at Belagavi.

2.

It is the contention of the petitioner that she is

residing at Belagavi and she has already initiated two

proceedings in Crl.Misc.No.58/2022 and M.C.No.142/2022

which are pending before the courts at Belagavi and the

respondent has been attending to the court proceedings at

Belagavi. Moreover, the respondent is residing at Dharwad

but he has filed the matrimonial case at Badami being his

native place. The petitioner finds it difficult to travel from

Belagavi to Badami which is about 150 kms away.

3.

Per contra, learned counsel for the respondent

would contend that the respondent has not received notice

in M.C.No.142/2022 filed at the hands of the petitioner.

Learned counsel would submit that the respondent would

bear the travel expenses of the petitioner when she travels

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from Belagavi to Badami to attend to the court

proceedings. As an alternative, it is also submitted that

the matter may be transferred to Dharwad and it would be

convenient for the petitioner to travel from Belagavi to

Dharwad and attend to the court proceedings. It is also

submitted that there is a threat to the respondent from

the brothers of the petitioner.

4.

Having heard the learned counsels and perusing

the petition papers, this court finds that balance of

convenience lies with the petitioner. The respondent has

already been attending at least one proceeding at Belagavi

and notice in respect of matrimonial case filed by the

petitioner is also said to have been issued to the

respondent. Therefore, at any rate the respondent is

required to attend to two proceedings at Belagavi.

Therefore, it would be more convenient if the matrimonial

case filed at the hands of the respondent is transferred

from Badami to Belagavi.

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5.

Consequently, the civil petition is allowed. The

matrimonial case in M.C.No.11/2022 stands transferred

from the court of Senior Civil Judge and JMFC, Badami to

the Family Court at Belagavi. The Family Court at Belagavi

shall ensure that all the cases are listed on the same day

for the benefit of both the parties.

6.

Registry is directed to ensure that order passed

by this court is communicated to the learned Senior Civil

Judge and JMFC, Badami and the file is transferred to the

Family Court at Belagavi.

7.

The Family Court at Belagavi shall endeavour to

dispose of the proceedings as expeditiously as possible

and at any rate within a period of one year from the date

of receipt of a certified copy of this order.

Ordered accordingly.

SD

JUDGE

MBS