Karnataka High Court: K.S. Mudagal, J. while allowing this petition, directed the withdrawal and transferring of the petition for dissolution of marriage to the Family Court, Devanagere.
In the instant case, the petitioner and respondent got married on 7-2-2013 at Ranebennur. They have a daughter who was born on 2-11-2013. The marriage could not sail well and the petitioner started living in her parental house with her daughter in Basapur, Davanagere Taluk.
Thereafter, the respondent filed for dissolution of marriage on the ground of cruelty before Principal Senior Civil Judge, Ranebennur.
The petitioner filed this civil petition under Section 24 of the Civil Procedure Code for transferring the petition for dissolution of marriage from the Court of Principal Senior Civil Judge, Ranebennur to Family Court, Davanagere because of financial difficulty and traveling with a child causes hardship and it is detrimental to the child.
Counsel for the respondent, Sridhar R. conceded for the transfer with a condition that the petitioner shall cooperate for the early disposal of the case.
In view of the above, the Court observed that it is just and expedient to transfer the case as prayed for.[Kalpana B.K. v. Raghavendra, 2019 SCC OnLine Kar 2466, decided on 28-11-2019]