BESTARA GANGA Vs. BESTARA ERAPPA

JUDGEMENT

(1.) This civil petition is filed by the petitioner-wife under Sec. 24 of the Code of Civil Procedure seeking to transfer M.C.No.121/2019 on the file of the Principal Judge Family Court, Bagalkot to the Court of the Senior Civil Judge, Hosapete.

(2.) Brief facts of the case are that, the marriage of the petitioner and the respondent was solemnized on 18/2/2018 at Sri Kottur Basaveshwar Temple at Bagalkot in accordance with the Hindu customs and rituals. Out of their wedlock, they have one female child by name 'Hitashree'.

(3.) That the respondent and his family members subjected the petitioner to harassment and ill-treating. That after the birth of the child the respondent and his family members have neither seen the newly born baby nor did they take back the petitioner and the child to her matrimonial house. Hence the petitioner with her child is residing at the address shown in the cause title along with her parents. That instead, the respondent issued legal notice to give divorce on false allegations but, the petitioner suitably replied and she is interested to rejoin him. The respondent filed M.C.No.121/2019 on the file of the Principal Judge, Family court, Bagalkot seeking relief of divorce. Present petition in filed seeking transfer of the said M.C.No.121/2019 on the premise that the petitioner apprehends risk to her life since the respondent has threatened her with dire consequences if she comes to Bagalkot. The travelling from Hosapete to Bagalkot for attending the case on every date of hearing would cause great hardship on the petitioner. The distance between Hosapete to Bagalkot is nearly 160 Kms. Therefore, she is not in a position to attend the case leaving her kid at her parents' house. This being the fact, the petition filed by respondent/husband under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 at Bagalkot is required to be transferred to Hosapete as the petitioner is residing at Bagalkot and would cause hardship and inconvenience to the petitioner traveling to Bagalkot.