NANDA KISHORI Vs. S B SHIVAPRAKASH

JUDGEMENT

(1.) This civil petition is filed under S. 24 of C.P.C., seeking transfer of matrimonial case pending on the file of the Family Court to the Court of the principal Civil Judge, Hubli.

(2.) Few facts to briefly state are :- One Sri S. B. Shivaprakash has initiated legal action against his wife Smt. Nanda Kishori seeking dissolution of marriage by a decree of divorce before the Family Court at Bangalore. According to the pleadings marriage was solemnised according to Hindu Rites at Hubli in the year 1976 and that two children were born out of wedlock and spouses were living at Bangalore, and differences arose in the year 1988.

(3.) This civil petition is filed by the wife seeking transfer of the proceedings pending on the file of the Family Court at Bangalore to jurisdictional Court at Hubli where wife is living with her parents after leaving the matrimonial home. Causes attributed by the wife for leaving matrimonial home were that her husband used to ill-treat her and further used to come to matrimonial home in a drunken state in the company of another lady and when he was confronted about his behaviour, she was abused and she was silenced under threat to her life. Further, wife has pleaded that in spite of reconciliation and good offices of the elders, husband has not made any attempt to take her back and that she is being accommodated by her aged parents who are stationed at Hubli. Reasons for seeking transfer of matrimonial proceedings from Bangalore Family Court to Hubli are that she has no male companion to accompany her to Bangalore on every date of hearing and that her aged parents being not in a position to travel along with her and more than any other factors that she is under a reasonable apprehension that her husband during her visits to Bangalore to attend the matrimonial proceedings may not only attempt to abuse her but may also by his acts of commission endanger her personal life with the connivance of rowdie elements and as such she is mortally afraid of leaving Hubli the place where she has been nurtured and nourished and protected by her parents to a place that is to Bangalore where she has no one to seek solace in case of threat to her life and that too when she has no male elderly and protective companionship to accompany her to attend the Family Court at Bangalore, further that initiation of legal action at Bangalore as not only being motivated but vindictive. Along with the civil petition seeking transfer, she has also filed an affidavit detailing the causes warranting transfer. As against this, husband has filed a detailed counter denying all the charges made against him and particularly negativing the averments about his attempting to cause harm to her personal life.