POORNIMA Vs. PRAVEEN

JUDGEMENT

(1.) This petition is filed by the petitioner-wife under Sec. 24 of the Code of Civil Procedure, 1908 for transferring the MC No.78/2022, pending on the file of the Principal Judge, Family Court, Dharwad, to the Court of the Principal Senior Civil Judge, Yallapur, for disposal in accordance with law.

(2.) It is the contention of the petitioner that she is the legally wedded wife of the respondent and their marriage was solemnized on 1/5/2014 in Dharwad and out of the said wedlock, daughter by name Janani is born who is now aged about 8 years. It is also asserted that subsequently, due to martial discord between the petitioner and the respondent, the petitioner was compelled to take shelter in her parental home since 2020. It is asserted that the respondent-husband has filed M.C.no.78/2022 before the Family Court, Dharwad for dissolution of the marriage by granting a decree of divorce. She asserts that she is unable to engage an advocate and travel to Dharwad from Yallapur. She further asserts that she has no sufficient means and as such, she has sought for transfer of this petition.

(3.) The respondent-husband has appeared through his counsel and initially, it is submitted that there was a settlement and the respondent was going to withdraw the petition filed before the Family Court. Subsequently, it is submitted that due to stay granted by this Court, the withdrawal is not possible and hence, the stay was modified by giving liberty to withdraw the petition. Now, it is submitted that there is a precondition of settling the criminal miscellaneous case. It is also submitted that the respondent is not coming forward to sign the joint memo.