SUREKHA Vs. SANDESH

JUDGEMENT

(1.) THE petitioner has filed this petition under section 24(1) of CPC praying to transfer M.C. No. 48/2013 which is pending on the file of Civil Judge (Sr. Dn.) & JMFC, Raibag to the Court of Civil Judge (Sr. Dn.) & JMFC, Badami.

(2.) IT is stated, the petitioner married the respondent on 29.4.2013 at Agasanakoppa village in Badami Taluk. After the marriage, the petitioner led married life in the house of the respondent. After about four months, the respondent started neglecting the petitioner and abused and assaulted her. At the instance of the elders, negotiations were held and they failed. The petitioner is now residing with her parents. The petitioner has filed Crl. Misc. No. 21/2014 for maintenance. It is pending on the file of Civil Judge and JMFC, Badami. The respondent has filed M.C. No. 48/2013 for restitution of conjugal rights. It is pending on the file of Civil Judge (Sr. Dn.) & JMFC, Raibag, which is at a distance of about 200 kms., from the place where the petitioner is residing. It is difficult for the petitioner to travel to Raibag every time to attend the case. Therefore, the petitioner has prayed for transfer of M.C. No. 48/2013 which is pending on the file of Civil Judge (Sr. Dn.) & JMFC, Raibag to the Court of Civil Judge (Sr. Dn.) & JMFC, Badami.

(3.) THE learned counsel for the petitioner contended that the petitioner is without any means and she cannot travel to Raibag every time to attend the case. Therefore, M.C. No 48/2013 may be transferred to Badami where the case filed by the petitioner for maintenance is pending.