RAJESHWARI Vs. SHIVANAND

JUDGEMENT

(1.) 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.3/2023 pending on the file of learned Senior Civil Judge and J.M.F.C., Hunagund, to the learned Principal Family Court, Gadag.

(2.) It is the contention of the petitioner/wife that the marriage between the petitioner and respondent was solemnized on 9/12/2020 in R. Veeramani Sanskrutik Bhavana, Ilkal as per the customs and rituals prevailed in their community. It is also alleged that after the marriage, the petitioner went to her husband's house to lead the happy marital life but she was subjected to ill-treatment all along. Hence, she was compelled to take shelter in her parental house and she was deserted by the respondent/husband. As such she alleged that she is residing in her parental house at Gadag. She further asserts that she has filed a petition for divorce against her husband in M.C.No.199/2022 on the file of learned Principal Family Court, Gadag under Ss. 13 (1) (ia) and (ib) of the Hindu Marriage Act, on account of cruelty as well as desertion. It is her contention that in order to counter the same, the respondent/husband has filed a petition in M.C.No.3/2023 before the learned Senior Civil judge and J.M.F.C., Hungund under Sec. 9 of the Hindu Marriage Act, 1955 for Restitution of the Conjugal Rights. She asserts that she has no means and she is not in a position to travel from Gadag to Hungund and hence, she has sought for transfer of the matter pending in the learned Senior Civil judge and J.M.F.C., Hungun.

(3.) The petition was seriously objected by the respondent through his counsel.