MAHADEVI Vs. MAHADEV

JUDGEMENT

(1.) This petition is filed under Sec. 24 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') for transferring M.C.No.121/2021 on the file of the learned Principal Senior Civil Judge, Athani, to the learned Principal Senior Civil Judge and J.M.F.C., Jamakhandi, for disposal in accordance with law.

(2.) It is the contention of the petitioner that the marriage between the petitioner and respondent was solemnized on 27/4/2007 in Gadyal, Tq; Jamakhandi, Dist: Bagalkot, and out of the said wedlock, a daughter by name Priyanka was born on 18/2/2009. It is asserted that the petitioner was subsequently harassed by the respondent and her in-laws which has forced her to move to her parental house, wherein she filed maintenance petition in Crl.Misc.No.121/2021. She asserts that after she filing the petition, the husband has filed a petition under Sec. 9 of the Hindu Marriage Act, 1955, before the learned Principal Senior Civil Judge, Athani, in M.C. No.121/2021 against her only in order to avoid the maintenance. Hence, she would contend that she is not in a position to travel as she has no means and sought for transfer of the petition.

(3.) The respondent has appeared through his counsel and filed objection denying the contentions and it is also submitted that the petitioner was suffering mental- illness and respondent has taken care of her all along and hence, he would asserts that there is no need of transfer and he is ready and willing to accept the petitioner. Hence, he would seek for rejection of the petition.