DEEPA Vs. KIRAN

JUDGEMENT

(1.) THE petitioner has filed this petition under section 24 of CPC praying for transfer of G & W. No. 2/2012, which is pending on the file of Family Court at Davanagere to the Family Court at Dharwad.

(2.) IT is stated, the petitioner married the respondent on 14.4.2000 at Harihar. Thereafter on 8.6.2005, the petitioner gave birth to a female child by name Riya. Subsequently, the petitioner filed divorce petition in M.C. No. 12/2008 on the ground of cruelty. It was renumbered as M.C. No. 60/2011 when Family Court was established at Dharwad. The Family Court has allowed M.C. No. 60/2011 and the marriage between the petitioner and the respondent has been dissolved.

(3.) IT is stated, with ulterior motive, the respondent has filed petition under section 17 of Guardian and Wards Act 1890 r/w. section 26 of the Hindu Marriage Act 1955 against the petitioner for custody of the child before the Family Court at Davanagere in G & W. No. 2/2012. After receipt of notice, the petitioner has appeared before the Court. It is stated, it is only to harass the petitioner the respondent has filed the petition before the Family Court at Davanagere. The minor daughter is residing with the petitioner at Dharwad and now she is studying in a reputed institution. The marriage between the petitioner and the respondent has been dissolved. It is difficult for the petitioner to travel to Davangere every time to attend the case. Therefore, the petitioner has prayed for transfer of G & W. No. 2/2012, which is pending on the file of the Family Court at Davanagere to the Family Court at Dharwad.