LATHA AND ORS. Vs. BASAVARAJ

JUDGEMENT

(1.) THE wife field the above Civil Petition under Section 24 of Code of Civil Procedure, seeking to transfer M.C. No. 28/2014 pending on the file of Senior Civil Judge and JMFC, Ron to the Family Court, Dharwad.

(2.) IT is the case of the petitioner, that the petitioner and respondent got married on 2.4.2004 according to the Hindu rites and customs and out of their wedlock two children were born. It is averred in the petition, that the first child was delivered on 13.11.2005 and the 2nd child was born on 4.3.2014. The trouble started in the Family of the respondent when the petitioner was pregnant for the first time, the respondent and his family members did not take care nor provided proper medical treatment and proper food to her and respondent's mother and sisters used to abuse calling her as bad omen to the family and also demanded additional dowry and when the harassment and cruelty meted out was beyond tolerance, the matter was taken before elders and even the advise of elders to the respondent and his family members went in vain. However, as an eyewash the respondent put the petitioner with her infant son in a very old and dilapidated house, which had severe impact on the health of the petitioner and infant son. There was a marriage of a younger brother of the respondent in April 2012 and he did not come to take her to attend marriage in his family and when she went very next day with her baby and mother she was abused, insulted and physically assaulted by the respondent and his family members for, which complaint has been filed at Neragal police station and by the intervention of elders the same was not pressed. Meanwhile, the petitioner delivered second male child on March 2014 at her parental place after which neither the respondent nor any of his family members came to see the new born baby and even despite requests made by the petitioner, the respondent has not taken her back to his house and hence the petitioner has taken shelter in her poor parents house at Hebballi village of Dharwad District. The respondent runs automobile shop at Neregal town and has more than 40 acres of fertile lands and irrigated lands, deriving annual income of around Rs. 50 lakhs.

(3.) THE petitioner contends that she being a young lady cannot travel from Hebballi village in Dharwad District to Ron to attend the M.C. No. 28/2014 at Ron, which is about 100 Kms from Hebballi, along with her minor children. She states that presently she is staying along with her children at her parents house at Hebballi village and they are totally dependent on her parents income and the petitioner does not have her own source of income and she cannot afford to spend for litigation expenses and traveling expenses to travel along with her minor children and attend the Court at Ron on every date of hearing regularly. Therefore, she has sought for transfer of M.C.28/14 pending on the file of Senior Civil Judge & JMFC, Ron to Family Court, Dharwad.