UMME SALAMA Vs. SAYYAD ABID

JUDGEMENT

(1.) THE wife filed the above Civil Petition under Section 24 of the Code of Civil Proc edure, 1908, to transfer O.S. No.345/2014 on the file of the Prl. Civil Judge and JMFC, Sagar, to the court of Civil Judge and JMFC, Hirekerur, for adjudication.

(2.) IT is the case of the petitioner that the respondent, who is the husband of petitioner, filed OS. No.345/2014 before the Principal Civil Judge and JMFC, Sagar, against the petitioner seeking mandatory injunction to lead marital life, alleging that their marriage was solemnised on 17.04.2011 at Hirekerur and the petitioner is the daughter of brother -in -law of the respondent and they have no issues. The petitioner has been residing at Shiralkoppa with the respondent, who has taken care of the petitioner with utmost love and affection, but the petitioner's parents intended that the respondent should reside separately at Hirekerur, though respondent is working as a Teacher at Banavasi and the petitioner used to quarrel with the respondent unnecessarily; as such, he was left with no option but to file a suit against the petitioner seeking relief as prayed in the suit by making false allegations and by furnishing false address.

(3.) THE petitioner has also contended that the marital life of the petitioner and respondent was initially good. Thereafter, the respondent started illtreating the petitioner by crooked acts; the petitioner was unable to bear the ill -treatment and suffered in the hands of the respondent physically and mentally. Inspite of the advice made by the elders of both sides, the respondent did not take care of the petitioner and he was subjecting her to cruelty and ultimately, driven her out of the matrimonial home; the respondent though working as a Teahcer in Banavasi, with an intention to harass the petitioner, intentionally, filed the suit at Sagar by furnishing a false address. The petitioner is the only daughter to her parents and there are no other family members to accompany her to the Court at Sagar on each date of hearing. Further, there is a threat to her life from the respondent; the petitioner has no source of income to pay for travelling and other expenses from Hirekerur to Sagar. It is contended by the petitioner that the respondent is attending Criminal Case No.29/2013 and Criminal Misc. Case No.135/2014 pending on the file of JMFC, Hirekerur, filed by the petitioner. Therefore, she requested to transfer O.S. No.345/2014 on the file of the Prl. Civil Judge and JMFC, Sagar, to the court of Civil Judge and JMFC, Hirekerur, for adjudication.