SARANYA ALIAS ASHWINI Vs. YUVARAJ

JUDGEMENT

(1.) THE wife filed the above petition under the provisions of Section 24 of the Code of Civil Procedure, 1908, to transfer M.C. No.210/2014 on the file of the Principal Family Court, Hubli, to the Court of Principal Senior Civil Judge and JMFC, Hospet, for adjudication.

(2.) IT is the case of the petitioner that she is legally wedded wife of the respondent No.1 and their marriage was solemnised on 14.02.2011 at Venkateshwar Kalyan Mantap, Hospet Taluk, Bellary District, as per Hindu customs, rites and rituals. They have lead happy marital life together for a period of four years and out of their wedlock, the petitioner gave birth to twins; presently, one child is with the petitioner and another child is with the respondent No.1/husband. The petitioner further contended that respondent No.1 started ill -treating the petitioner and willfully deserted her and the children, and failed to comply with the marital obligations and respondent No.1 has lost the responsibility of the family and has not arranged for basic amenities of life like food and clothing to the petitioner and her children; respondent No.1 deserted them without any cause; thereafter, he falsely alleged that the petitioner had illicit intimacy with another person, which is denied by the petitioner. Respondent No.1 has filed a false case before the Family Court, Hubli, in MC No.210/2014, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking divorce. It is further asserted that, at present, petitioner is residing with her parents at Hospet, along with her children and she is struggling hard to meet her day -to -day family necessities. The distance between Hospet to Hubli is about 160 kilometers; the petitioner is unable to travel all alone on every date of hearing and she has no source of income. Therefore, in view of the above, she sought for transfer of the petition.

(3.) RESPONDENT No.1, though represented by the learned counsel, has not filed any objections to the petition for transfer.