SNEHA Vs. VINAYAK

JUDGEMENT

(1.) Petitioner has sought for transfer of MC No. 502/2012 pending before the III Addl. Family Court at Bangalore to III Addl. Senior Civil Judge, Hubli to be tried along with MC No. 49/2012 pending there. Petitioner has married the respondent as per hindu rites and Customs on 20.11.2008 at Vidyadiraj Kalyana Mantap at Hubli. It is stated, she is a housewife and the respondent is a practicing Advocate in Bangalore. Expressing that she has undergone harassment and cruelty while living with the respondent, despite harassment and humiliation suffered by her, with a hope of improvement in life, she has chosen not to file a divorce petition but filed a petition for restitution of conjugal rights, she has filed MC No. 49/2012 before the III Addl. Senior Civil Judge, Hubli in that regard. The respondent has filed a petition for dissolution of marriage in MC No. 502/2012 before the Family Court at Bangalore.

(2.) According to the petitioner, respondent is trying to get the petition disposed off as early as possible. Alleging respondent and his mother managed to place her exparte in MC No. 502/2012 and that matter is posted for arguments, it is further stated, respondent is avoiding taking summons in the case filed by the petitioner in MC No. 49/2012. Petitioner is a housewife having no source of income whereas respondent is a practicing Advocate having lucrative practice. She has also stated, it is difficult for her to attend the Family Court at Bangalore and she belongs to an orthodox family and is not used to travelling alone to Bangalore and other places and one of her family member has to accompany her to Bangalore and that is not feasible. Accordingly, she has sought for transfer of the case pending before the Family Court to Hubli where a matrimonial case filed for restitution of conjugal rights filed by her is pending consideration.

(3.) Heard the Counsel representing the parties. According to the petitioner's Counsel, petitioner is residing at Dharwad and her father is working at Shimoga and her brother and mother are at Belgaum and there is a threat and harassment to the petitioner. Petitioner being a lady is unable to travel all the way from Dharwad to Bangalore on each and every hearing in the case pending before the Family Court at Bangalore. It is also submitted, expressing desire to join the husband, that the mother-in-law is coming in the way of her living a marital life and on some other grounds also, she has sought for transfer of the case pending before the Family Court, Bangalore to Hubli where the petition filed for restitution of conjugal rights by her is pending consideration.