This petition is preferred by the wife seeking transfer of

matrimonial proceedings filed by the respondent-husband in

MC.No.80/2018 filed for dissolution of marriage pending on the

file of Senior Civil Judge and CJM at Mandya to the Family

Court at Bangalore.

2. It is the contention of learned counsel for petitioner

that the wife has preferred a petition under Section 125 of

Cr.P.C for maintenance of herself in Crl.Mis.No.296/2019

pending before the Family Court at Bangalore. Petitioner has

also filed a petition under Section 9 of Hindu Marriage Act at

Bangalore so also a compliant is filed under Domestic Violence

Act which is also pending at Bangalore before II MMTC

Bangalore. It is the further contention of learned counsel for

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petitioner that the petition preferred by the husband is at

Mandya. He further contends that since the petitioner is not

having any source of income, she has to depend on her

widowed mother and she would also incur huge expenditure on

her stay, accommodation and food, to appear for the Court

proceedings at Mandya. Therefore, it would cause difficulty and

hardship to the wife to travel from Bangalore to Mandya.

Hence, she seeks to transfer the petition filed by the husband

before the Family Court at Mandya to the Family Court at

Bengaluru.

3. Since the petition filed by the wife under Section 125

of Cr.PC in Crl.Misc.No.296/2019 is pending before the Family

Court at Bangalore along with M.C No.3408/2018 and another

case in Crl.Misc. No.124/2018 under Section 12 of Domestic

Violence Act at II MMTC, Bangalore, I do not find any legal

impediment to transfer the case pending before the Family

Court at Mandya in MC.No.80/2018 to the Family Court at

Bangalore for adjudication. It is also apparently seen that less

amount of hardship would be caused to the respondent-

husband in traveling to Bangalore to attend the aforesaid cases

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rather than the wife attending the case at Mandya preferred by

the

respondent-husband

seeking

divorce.

Accordingly,

I

proceed to pass the following:

ORDER

i)

Petition is allowed;

ii)

The matrimonial proceedings in MC.No.80/2018

filed under Section 13(1)(iii) of the Hindu

Marriage Act, 1955 pending on the file of Senior

Civil Judge and CJM at Mandya, is ordered to be

transferred to the Family Court at Bangalore and

the

same

shall

be

tried

along

with

Cri.Misc.No.296/2019, which is preferred by the

wife pending on the file of the Family Court at

Bangalore.

Sd/-

JUDGE

VS

STK