SMITHA Vs. VIJAYKUMAR

JUDGEMENT

(1.) THESE Civil Petitions are filed by the wife. Civil Petition No. 100004/2015 is filed seeking transfer of M.C. No. 199/2014 on the file of the Family court, Hubballi to the Court of the Senior Civil Judge, Bailhongal and Civil Petition No. 100003/2015 is filed to transfer M.C. No. 149/2014 on the file of the Family Court, Dharwad to the Court of the Senior Civil Judge, Bailhongal.

(2.) IT is the case of the petitioner/wife in both the matters that she is the legally wedded wife of the respondent and their marriage was performed on 14.05.2003 at Hebsur Bhavan, Hubballi. They started living at Hubballi and out of the wedlock, a son by name Omkar was born on 22.02.2010; the respondent started ill -treating the petitioner from the early days of their marriage, however, the petitioner tolerated and pacified herself by looking to the future of her child. However, the situation went out of her control, when petitioner and her son were driven out of the house by the respondent in December 2013. Now, she is residing with her parents at Bailhongal and eking out her livelihood by working as a Teacher in a private institution. In the meanwhile, the respondent filed M.C. No. 149/2014 under Section 13(1)(ia) of he Hindu Marriage Act, for dissolution of marriage at Family Court, Dharwad. The petitioner also filed M.C. No. 199/2014 for restitution of conjugal rights at Hubballi. Since, she is residing with her parents at Bailhongal and working as a Teacher and her son is also studying in LKG at Bailhongal, now she is seeking transfer of both cases from Hubballi and Dharwad to Bailhongal.

(3.) THE respondent has not filed any objections in both the civil petitions.