M V REKHA Vs. SRI SATHYA ALIAS SURAJ

JUDGEMENT

(1.) Smt. M.V. Rekha has filed this civil petition under Section 24 of the Code of Code of Civil Procedure seeking transfer of M.C. No. 159/ 2009 filed by the Respondent against her on the file of the Principal Family Court, Mysore to the Court of I Additional Family Judge at Bangalore.

(2.) It is the case of the Petitioner that she was married to the Respondent on 2.12.1996 at Bangalore. After her marriage, she was residing in her matrimonial home at Mysorealong with the Respondent. As the days passed, the Respondent started harassing her without any justification. Therefore, she was forced to lodge a complaint against the Respondent under Section 498-A read with Section 506 of the Indian Penal Code, which was registered as Crime No. 40/2005 in the Mahila Police Station, My sore. The elders of the family compromised the matter and the Respondent shifted his residence to Bangalore. Even at Bangalore, the Respondent started harassing her on one pretext or the other. He is having illegal relationship with another woman. Without having any other alternative, she filed the petition for dissolution of the marriage under Section 13(1)(ia) of the Hindu Marriage Act in M.C. No. 559/2009 before the First Additional Family Judge, Bangalore.

(3.) After service of summons in the said case, the Respondent has filed the petition under Section 9 of the Hindu Marriage Act in M.C. No. 159/ 2009 on the file of the Principal Family Judge at Mysoreseeking restitution of conjugal rights. It is further contended that she is residing at Bangalore and is working in a private company on a monthly salary of Rs. 3,000/-. She cannot travel to Mysoreto attend the case filed by the Respondent. It is further contended that the Respondent has threatened that if she attends the Court at My sore, he will make her life miserable. Therefore, the case filed by the Respondent requires to be transferred to a Court at Bangalore.