PRATHIBA Vs. ASHOK SHIRALKAR

JUDGEMENT

(1.) The petitioner-wife has filed this petition under Sec. 24 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') for transferring of M.C.No.284/2022 pending on the file of the learned Principal Family Court, Hubballi to the learned Principal Senior Civil Judge and J.M.F.C., Ranebennur in Haveri District for disposal in accordance with law. The petitioner asserted that the marriage of petitioner-wife and respondent-husband was solemnized on 23/5/2019 at Hubballi. However, the marriage was not consummated due to respondent's inability to perform the marital obligations. As such she asserted that she was compelled to file M.C. Petition No.72/2021 under Sec. 12 of the Hindu Marriage Act, 1955 for dessolution of marriage before the learned Senior Civil Judge, Ranebennur, on 7/7/2021. She has also asserted that notice in the said petition was issued to respondent and subsequently, after getting the knowledge, the respondent had filed M.C.No.284/2022 under Sec. 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights before the learned Principal Family Court, Hubballi on 1/7/2022 by making false grounds. She contended that respondent- husband is employed and she is a house wife and does not have any means and hence, she would seek for transfer of M.C.No.284/2022 filed by husband before the learned Family Court, Hubballi to the learned Sr. Civil Judge Court, Ranebennur for disposal in accordance with law along with M.C.No.72/2021 filed by her.

(2.) The respondent though served is unrepresented.

(3.) Heard the learned counsel for the petitioner.