KUMARI. SUMITRA Vs. NANU

JUDGEMENT

(1.) The present petition is filed under Sec. 24 of the Code of Civil Procedure by the wife seeking to withdraw O.S. No.1482/2013 filed by the respondenthusband for declaration that the present petitioner is not the legally wedded wife, which is pending on the file of the Principal Civil Judge and JMFC, Athani, Belgaum District and transfer the same to the Civil Judge and JMFC, Sindagi.

(2.) It is stated by the petitioner that, the marriage of the petitioner and the respondent was solemnized on 20/4/2000 at Sindagi as per their rites and customs prevailing. It is stated that the respondent is working as a Junior Engineer in Karnataka Neeravari Nigama Niyamith Punarvasathi and Punarnirmana Sub-Division-7, Ugar Khurdh Office at Athani, Belgaum. It is stated that after the marriage, the petitioner was residing with the respondent and leading marital life. It is stated that later, the respondent and his family members tortured and harassed the petitioner and thrown out the petitioner from the matrimonial house. It is stated that the petitioner filed the complaint before the Athani Police Station and the case has been registered against the respondent. Since the respondent neglected the petitioner and failed to provide basic necessities, the petitioner filed an application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 before the JMFC, Sindagi in Crl. Misc. No.101/2013.

(3.) After filing of the Criminal miscellaneous seeking maintenance, the respondent-husband filed a suit for declaration in O.S. No.1482/2013 on the file Principal Civil Judge and JMFC, Athani, Belgaum stating that the petitioner is not the legally wedded wife. The petitioner herein has filed her written statement in O.S.No.1482/2013. It is stated that the petitioner is residing at her parental house at Devar Hipparagi Taluk, Bijapur District and that the petitioner being a lady is unable to travel from Devar Hipparagi Taluk, Bijapur District to Athani to attend the proceedings initiated by her husband before the Principal Civil Judge and JMFC, Athani, Belgaum District and hence, moved this application for transfer of the case.