NIVEDITHA Vs. ANILKUMAR

JUDGEMENT

(1.) This petition is filed by the wife under Sec. 24 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') for transferring M.C.No.21/2022 pending on the file of Senior Civil Judge and J.M.F.C., Badami, to the learned Family Court, Gadag, for trial along with Crl.Misc.No.70/2022.

(2.) The brief factual matrix leading to the case are that the petitioner is the wife of respondent and their marriage was solemnized on 26/6/2011 in Mahakoteshwar Temple, Badami Taluk. It is also alleged that after the marriage, the petitioner joined the husband for leading marital life and out of the said marriage, two children are born. The contention of the petitioner is that the respondent is serving in Paramilitary Forces i.e., Indian Tibetan Border as a Gun Man. It is the contention of the petitioner that he has ill-treated and neglected the petitioner and her children which has compelled her to take shelter in her parental house and hence, she filed petition in Crl.Misc.No.70/2022 before the learned Family Court, Gadag, wherein an order regarding interim maintenance came to be passed after hearing both the parties. It is also alleged that the respondent-husband has also filed a petition before the learned Senior Civil Judge, Badami under Sec. 13(i-b) of the Hindu Marriage Act for dissolution of marriage on the ground of desertion. The petitioner asserted that she is not in a position to travel from Gadag to Badami and the respondent is already appearing in maintenance petition filed by the petitioner before the Family Court, Gadag, and if M.C.No.21/2022 is transferred from Badami to Gadag Court, it will not cause any prejudice to respondent. Hence this petition.

(3.) The respondent-husband has appeared through his counsel and seriously objected the petition. It is contended that the distance between Badami to Gadag is hardly 50 k.m. and it will not cause any inconvenience to the petitioner since maintenance is already being paid. Hence, he has sought for rejection of the petition.