SOUMYA Vs. MANJUNATH

JUDGEMENT

(1.) The petitioner/wife has filed the above Civil Petition under Section 24 of Civil Procedure Code, praying to transfer M.C.No.59/2013 pending on the file of Senior Civil Judge, Mudhol, to the Family Court, Gadag.

(2.) It is the case of the petitioner that the petitioner and respondent were married on 22.11.2009 at Sri.Panchacharya Mangalya Mandir, Gadag, according to their religious rites, customs prevailing in their community. Out of their wedlock one child was born and after 22 days the child died. The respondent was very unhappy from the very beginning of the marriage, demanding dowry, gold etc, though the petitioner's parents complied all the requirements as per the marriage talks held prior to the marriage. The respondent made the petitioner to reside in her parents house at Gadag and the respondent has not provided any maintenance and totally neglected inspite of the request made by the petitioner. Therefore, the petitioner filed a petition under Section 125 of Code of Criminal Procedure, in Crl.Misc.9/2013 claiming maintenance before the Civil Judge, JMFC, Gadag and thereafter the respondent/husband also filed a petition in M.C.No.59/2013 under Section 13(1a) and (1b) of Hindu Marriage Act, for a decree of dissolution of marriage before the Senior Civil Judge, Mudhol.

(3.) The petitioner alleged that due to harassment of the respondent, she is suffering from illness and took treatment in different hospitals by taking loan. The distance between Mudhol and Gadag is about 250-300 Kms. and it is almost 5 to 6 hours journey. Due to her ill-health, the petitioner cannot travel long distance and there is life threat to the petitioner from the respondent. Therefore, the petitioner is not able to go to Mudhol and represent the case. Therefore, she has filed the present petition seeking for transfer of MC.59/2013 pending on the file of Senior Civil Judge, Mudhol, to the Family Court, Gadag.