A transfer petition under Section 24 of the CPC may be allowed if the respondent is employed in the requested jurisdiction and such transfer prevents harassment and ensures convenience for the petitioner.

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER THE PETITION IN MC.NO.74/2023, PENDING ON THE FILE OF THE COURT OF THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATNA, RAMANAGARA DISTRICT TO THE HON'BLE FAMILY COURT AT BENGALURU.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL ORDER

Learned counsel for the appellant is present. In spite of service of notice, respondent did not turn up and remained ex-parte.

2. Heard arguments of learned counsel for the appellant.

3. This transfer petition is filed by petitioner-wife for transfer of MC.No.74/2023 filed by respondent-husband for divorce before the Senior Civil Judge and J.M.F.C., Channapatna, Ramanagara District to the Family Court, Bengaluru.

4. It is stated that the petitioner-wife filed complaint in Crime No.67/2024 under Section 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 within the jurisdiction of the Bengaluru Courts. The respondent-husband is also working as FDA in Karnataka Bhovi Development Corporation, Bengaluru, as he is native of Channapatna, he filed divorce petition before the Channapatna Court only to harass her. The distance between Channapatna and Bengaluru is 57 kilometers. Their marriage was performed on 25.05.2022 and they are not blessed with children.

5. Considering the reasons stated by the learned counsel for the petitioner and the fact that respondent is also working in Bengaluru, this court finds it reasonable to transfer MC.No.74/2023 from the Senior Civil Judge and J.M.F.C., Channapatna, Ramanagara District to the Family Court, Bengaluru.

6. In the result, the petition is allowed