PRIYANKA Vs. SHARANAYYA

JUDGEMENT

(1.) The wife filed the above petition for transfer under Sec. 24 of Code of Civil Procedure, against the husband praying to transfer M.C. No. 17/2014 on the file of the learned Senior Civil Judge & Chief Judicial Magistrate, Yadagiri, to the Family Court, Dharwad.

(2.) It is the case of the petitioner that she is the resident of Dharwad and the marriage between the petitioner and respondent was solemnized at Gadag on 13.05.2009 according to their customs. The respondent was working as Government Primary School Teacher at Yadagin. After the marriage, the respondent took the petitioner to Lagaluru and after persistent pleading of the petitioner, the respondent took her to Yadagin and subsequently the petitioner becamed pregnant and she was sent to her parent's place at Dharwad for delivery and after giving birth to a girl child and when the child was nine months old respondent took her to Lagaluru and made her to reside with his parents. The father -in -law of the petitioner taking advantage of the absence of his son, wanted to molest the petitioner and the petitioner being horrified by the behaviour of her father -in -law immediately informed the same to her father and her father took to Dharwad. Then conciliation took place but respondent asked petitioner to reside at Lagaluru village and to attend agricultural work. The petitioner was harassed and tortured by the respondent and his parents and therefore, she returned back to her parents house and lodged a complaint to the police. The respondent completely neglected his wife and child and hence she filed Crl. Misc. No. 175/12 under Sec. 125 of Code of Criminal Procedure for maintenance and the Family Court awarded monthly maintenance of Rs. 3000/ - to the petitioner and Rs. 2000/ - to the child.

(3.) The petitioner further submitted that the respondent is attending Crl. Misc. 175/12 at Family Court, Dharwad, and subsequently when the respondent failed to comply the order of the Family Court, the petitioner has filed another application in Crl. Misc. 70/14 against the respondent and the said case is still pending on the file of Family Court, Dharwad. It is contended that after passing of the order in Crl. Misc. 175/12, the respondent has filed M.C. No. 17/2014 for divorce on the file of the Senior Civil Judge and CJM, at Yadagiri and notice has been served on the petitioner. Therefore, the petitioner being aggrieved by the action of the respondent has filed the present petition praying to transfer M.C. 17/14 from Yadagin to the Family Court, at Dharwad.