SAVITRIBAI Vs. G.S. PRADEEP

JUDGEMENT

(1.) THE wife filed the above Civil Petition under Section 24 of the Code of Civil Procedure, praying to transfer M.C.2/2015 pending on the file of the Principal Family Court, Chikkamagaluru to the Principal Family Court, Bellary.

(2.) IT is the case of the petitioner that she is the legally wedded wife of the respondent and their marriage was solemnized on 23.04.2014 at Sree Lakshmi Janardhana Swamy Temple, Basarikatte, Koppa Taluk as per Hindu rites and customs. After marriage, the petitioner started living with the respondent at her matrimonial house. The things went well initially, but later cracks began to appear in the relationship when the respondent started ill -treating the petitioner and respondent and his family members were doubting the petitioner as she has not carried though marriage was consummated after lapse of 5 months and they started blaming and abusing petitioner for the same and the respondent finally drove her out of matrimonial house.

(3.) THEREFORE , the petitioner has filed the present Civil Petition on the ground that she is unable to attend the Court at Chikkamagaluru on every date of hearing. As she apprehends threat to her life since the respondent has threatened her with dire consequences as she had filed a petition for restitution of conjugal rights. The petitioner further contends that the distance between Chikkamagaluru to Bellary is about 280 Kms. which is humanly impossible for the petitioner to go to Chikkamagaluru on every date of hearing as the petitioner has no means to meet the litigation expenses and other expenses as she depending upon her widowed mother. The respondent husband is attending M.C.18/2015 pending on the file of the Principal Family Court, Bellary, on every date of hearing. Therefore, there would not be any impediment for the respondent to attend the petition in M.C. No. 2/2015 filed by him, if it is transferred to Bellary for further adjudication. With these contentions the petitioner has sought to allow this civil petition.