SHIVAPPA S LAMANI Vs. SUNEETA NAIK

JUDGEMENT

(1.) This petition is filed by the petitioner-husband under Sec. 24 of the Code of Civil Procedure, 1908 (for short 'CPC') seeking transfer of M.C.No.59/2021 pending on the file of the Principal Family Court, Gadag to Principal Family Court, Bengaluru for trial along with M.C.No.2132/2021 pending there.

(2.) The petitioner contended that the respondent is his legally wedded wife and their marriage was an arranged marriage, solemnized on 26/2/2016 in Gadag. It is alleged that the respondent without any fault of petitioner of without any reason deserted the petitioner and voluntarily gone out of the matrimonial home. All the efforts made by the petitioner to reunite went in vain and hence, he was compelled to file a petition seeking decree of restitution of conjugal rights before the Principal Family Court, Bengaluru in M.C.No.2132/2021. He further asserted that he and respondent are residing in Bengaluru. Though the respondent is residing in Bengaluru, she purposefully filed a petition before the Principal Family Court, Gadag in M.C.No.59/2021. He would contend that M.C.No.59/2021 is pending for cross-examination of PW1. He further asserts that he is suffering from post renal transplant complications and he is under follow-up treatment and therefore, he is unable to move from one place to another. He further asserts that if both the cases are tried by two different courts, it would be waste of time and subject matter involved in both the cases is one and the same. Hence, he would seek for transfer of the case.

(3.) The said petition is resisted by the respondent-wife by filing detail objection statement. She has made serious allegations regarding demand of dowry and asserts that the petitioner is drawing a salary of more than Rs.1,50,000.00 per month as per UGC scale and even then he is greedy. She denied other allegations and sought for dismissal of the petition contending that the petitioner herein has already participated in M.C. petition filed in Gadag court by cross-examining PW1 and when the matter was set down for his evidence, he filed this petition. It is also contended that the matter pending before the Gadag Court is at the stage arguments and because of stay granted, the matter could not be proceeded further. Hence, it is prayed for dismissal of the petition.