SUSHMA Vs. MUTTURAJ SHIVAPPA HULLEKERI

JUDGEMENT

(1.) This petition is filed by the petitioner-wife under Sec. 24 of the Code of Civil Procedure, 1908 (for short, 'CPC') for transferring M.C.No.07/2022 pending on the file of the learned Principal Senior Civil Judge and JMFC., Mudhol to the Principal Family Court Hubballi.

(2.) Brief facts leading to the case are that the respondent is the husband of the petitioner and their marriage was solemnized on 5/7/2017 in Mudhol. After marriage, for 3 years, they led the marriage life and out of the said wedlock, daughter by name Ayra is also born to them. It is further alleged that thereafter the respondent- husband has neglected the petitioner and the daughter and he subjected the petitioner to ill-treatment. As such, she was compelled to take shelter in her parental house. It is further the contention of the petitioner that, in the meanwhile respondent-husband by making false allegations filed petition under Sec. 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights before learned Senior Civil Judge and JMFC., Modhol. The petitioner contended that she does not have any sufficient means and she had already filed a maintenance petition and the respondent-husband is not paying maintenance regularly and he is still in arrears. It is asserted that she is not in a position to travel from Mudhol and hence, she would seek allowing the petition by transferring M.C.No.07/2022 on the file of learned Principal Senior Civil Judge and JMFC., Mudhol to the learned Principal Family Court Hubballi.

(3.) Respondent has appeared through his counsel and learned counsel for the respondent has seriously objected the petition on the ground that the petitioner has voluntarily deserted the respondent and she is not prepared to join him, which has compelled the husband to file a petition. Alternatively, she would contend that in case this petition is allowed and M.C.No.07/2022 being transferred, some time limit may be fixed for disposal of the matter.