G. SAVITHA Vs. GOVINDARAJU

JUDGEMENT

(1.) THIS civil petition is filed under Section 24 CPC by the petitioner, who is the wife of the respondent, seeking for withdrawal of the proceedings in M.C. No. 58/2011 pending on the file of the Principal Senior Civil Judge, Madhugiri and to transfer the same to the Court of Senior Civil Judge, Hiriyur. M.C. No. 58/2011 pending on the file of the Principal Senior Civil Judge and JMFC, Madhugiri, is filed by the respondent -husband of the petitioner seeking dissolution of the marriage solemnized between them on 16.11.2008 at Hiriyur. Several assertions and allegations are made by the petitioner in the writ petition regarding cruelty and harassment meted out to her by the respondent and his family members. Petitioner is presently residing with her parents at Hiriyur. In fact, the petitioner had instituted proceedings in Crl. Misc. No. 66/2011 on the file of the Civil Judge (Jr. Dn.) and JMFC, Hiriyur, against the respondent seeking maintenance under Section 125 Cr.P.C.

(2.) BY way of an affidavit filed today, the petitioner has made it clear that Crl. Misc. 66/2011 has been allowed on 30.04.2013 and presently Crl. Misc. 209/2013 which is filed for recovery of the maintenance amount is pending on the file of the Principal Civil Judge, Hiriyur.

(3.) PETITIONER had taken out notice of this petition on the respondent by publication in Vijaya Karnataka' newspaper. However, the respondent has chosen to remain absent. Hence, vide order dated 22.03.2013, notice on him has been held sufficient.