POORNIMA Vs. SHASHIKANTESH

JUDGEMENT

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

(2.) This petition is filed by the petitioner-wife under Sec. 24 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') for transferring M.C.No.56/2023 pending on the file of the learned Principal Judge, Family Court, Dharwad to the learned Principal Judge, Family Court, Koppal, wherein she is staying.

(3.) It is the contention of the petitioner that her marriage was solemnized with respondent on 4/5/2015 in Dharwad and out of the said wedlock, a daughter by name Kumari Anushka was born. It is further asserted that due to difference of opinion, the petitioner-wife was compelled to take shelter in her parental house in Koppal as the respondent has neglected to attend the petitioner and her daughter. It is further alleged that on false grounds, the respondent has filed a petition under Sec. 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955, on the file of the Principal Judge, Family Court, Dharwad. She asserted that she has no means and hence, she has filed Crl.Misc.No.70/2023 on the file of the Principal Judge, Family Court, Koppal, wherein interim maintenance was awarded. She asserts she is not in a position to travel from Koppal to Dharwad and hence, she would seek for transfer of the petition filed by the respondent-husband from the Principal Family Court, Dhaward to the Principal Family Court, Koppal.