BASAMMA K.M. Vs. SHIVAKUMAR H. M.

JUDGEMENT

(1.) The captioned civil petition is filed by the wife, seeking transfer of restitution proceedings initiated by respondent/husband pending in M.C.No.55/2021 on the file of Prl. Senior Civil Judge and JMFC, Bhadravathi, to Family Court, Davanagere.

(2.) The petitioner/wife claims that, on account of ill- treatment and marital discord with the respondent/husband, she was thrown out of her marital house and therefore, under compelling reasons, she had to return to her parental house at Davanagere. She further claims that in wedlock, the petitioner and respondent are blessed with a son, aged 4 years. The petitioner/wife claims that she is a homemaker and has no financial resources to contest the divorce proceedings pending in Bhadravathi. She also pleaded that the distance involved would also deny her a fair opportunity to contest the proceedings. On these set of grounds, transfer is sought.

(3.) The respondent/husband, though has engaged a lawyer, counsel on record was found to be absent on all three previous dates. It appears that the respondent/husband is not interested in contesting the civil petition.