Matrimonial
Transfer petition—Wife seeking transfer of petition filed by husband under Section 9 of the Hindu Marriage Act from Family Court at Puducherry to Family Court at Bangaluru—Child is in custody of wife—It is difficult for wife to leave the minor child and defend herself at a distant place at Puducherry—Husband filed interim application, which was purportedly to be a petition under Section 26 of the Hindu Marriage Act, for grant of custody of child—Both the petitions were entertained ex-parte and then decreed—Husband has been granted visitation rights, which includes temporary custody of child—Orders giving visitation rights or temporary custody of child to the husband in a proceedings for restitution of conjugal right—Illegal—Wife has been denied a fair trial only because she could not leave the child at Bangaluru and visit Puducherry to contest both the petitions—Interim application filed by husband as well as application filed by wife to recall ex-parte decree passed under Section 9 of the Hindu Marriage Act; are ordered to be transferred to the Family Court at Bengaluru—Petition allowed.
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