KAVERI Vs. SURESH VADAKAPPA KURAGOD

JUDGEMENT

(1.) THE respondent in MC.No.242/ 2010 pending on the file of Civil Judge (Sr.Dn.), Mangalore, D.K. has come up in this appeal seeking transfer of the said petition to the Court of Civil Judge (Sr.Dn.), Gadag.

(2.) BRIEF facts leading to this petition are: The petitioner and respondent herein are respectively wife and husband. Their marriage was solemnised on 26.4.2007. In the wedlock between parties they have a male issue born on 1.1.2009. The case of petitioner is that marriage between the parties was solemnised in Betageri, Gadag District. Thereafter, respondent/husband moved out to Mangalore due to his avocation. After the birth of child there was misunderstanding between the parties, which has resulted in petitioner being sent out of the matrimonial house. As such, she is presently residing with her parents in Betageri, Gadag District. In the meanwhile the respondent had initiated proceedings in MC.No. 178/2009 under Section 9 of the Hindu Marriage Act, 1955 on the file of I Addl. Senior Civil Judge, Mangalore, for restitution of conjugal lights. Though, she entered appearance in the said proceedings engaging services of an Advocate she could not participate in the said proceedings which came to be allowed by judgment dated 21.6.2010. Within three months thereafter the respondent herein filed the aforesaid MC petition in No.242/2010 for the relief of dissolution of marriage. It is further stated that in the meanwhile there was an attempt on the part of respondent/husband to get married again. Hence, suit in O.S. No. 139/2009 is filed by petitioner on the file of Civil Judge (Sr.Dn.), Gadag for an order of temporary injunction against her husband/ respondent.

(3.) ACCORDINGLY, the petition is allowed. MC.No. 242/2010 pending on the file of Civil Judge (Sr.Dn.), Mangalore is withdrawn from the said Court and is assigned to the Court of Civil Judge (Sr.Dn.), Gadag. Petition allowed.