SUNITA Vs. RAJESH

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and learned counsel appearing for the respondent.

(2.) The petitioner is the wife and respondent is the husband. The petition is filed by the wife seeking transfer of M.C.No.8/2019 filed by the respondent under Sec. 13(1)(ib) and (iii) of the Hindu Marriage Act for divorce, pending before the learned Prl. Judge Family Court Dharwad to the Prl. Judge Family Court Kalaburagi.

(3.) The petitioner contend that their marriage was solemnized on 25/2/1999 at Rachoti Veerabhadreshwar Temple, Maktampura, Kalaburagi and that the marriage was registered under the Provisions of Hindu Marriage Act on 25/2/1999. After the marriage, they have lived together happily for some time and out of their wedlock a daughter by name Pooja was born and now she is studying Bachelor of Dental Surgery at Bagalkot. The petitioner claims that she alone is taking care of the daughter. It is contended that after the birth of child Pooja, the respondent started ill treating the petitioner with cruelty and gave life threat to her and therefore the petitioner had filed M.C.No.42/2004 against the respondent for divorce before the Principal Civil Judge (Sr.Dn.) Bagalkot which came to be dismissed of 18/8/2006, only on the ground of territorial jurisdiction. She contend that the husband and wife are living separately since 2004 and after lapse of 12 years the respondent filed M.C.No.8/2019 for divorce before the Prl. Judge, Family Court, Dharwad. It is contended that it is very difficult for the petitioner to travel from Kalaburagi to Dharwad to attend the Court proceedings and the petitioner is not keeping good health and she is suffering from breast cancer. In support of such contention, the hospital records have been produced by her. It is stated that petitioner is a working in Gulbarga University as a Computer operator and she is being treated by a Hospital at Hyderabad also. Therefore, it is contended that the petition be allowed so that the matrimonial dispute between the petitioner and the respondent may be agitated in any of the Court at Kalaburagi.