PRIYANKA Vs. SANTOSHKUMAR

JUDGEMENT

(1.) The petitioner (wife) has filed this Transfer Petition seeking transfer of M.O.P. No.541 of 2018 titled "Santoshkumar vs Priyanka" filed by the respondent (husband) under Sec. 9 of the Hindu Marriage, Act, 1955, seeking Restitution of Conjugal Rights, which is pending before the Family Court at Puducherry.

(2.) The petitioner (wife) seeks transfer of the abovestated case to the Principal Judge, Family Court, Bengaluru (Karnataka).

(3.) It is an admitted fact that a son named (Eshan), born out of the wedlock on 04112015, is in the custody of the petitioner (wife). It is obviously difficult for her to leave the minor child and defend herself at a distant place at Puducherry. The said Court, without realizing that the petitioner cannot get fair opportunity to defend herself in the said case for the reasons beyond her control, initially proceeded with the petition for restitution of conjugal rights under Sec. 9 of the Act and surprisingly it then entertained "Interlocutory Application No.121/2019", which was purportedly to be a petition under Sec. 26 of the Act, for grant of custody of the child.