POORNIMA Vs. RAMAKRISHNA MUDDURANGAPPA

JUDGEMENT

(1.) THE wife field the above Civil Petition under Section 24 of Code of Civil Procedure, seeking to transfer M.C. No. 54/2014 pending on the file of Family Court at Raichur to the Civil Judge &JMFC Court, Bilagi.

(2.) IT is the case of the petitioner that the petitioner and respondent were married on 29.12.2012 as per the Hindu rights and customs. Thereafter, the petitioner joined the respondent to lead marital life. But unfortunately, respondent and his family members including the parents and sisters of respondent started harassing the petitioner alleging that she has not brought dowry and did not allow her to lead marital life with her husband. The respondent was also a party to their acts. It is further alleged that the petitioner lived in the house of the respondent tolerating all humiliations and physical assaults with the hope everything will fall in line and the respondent will lead marital life with her. When the harassment of the respondent and his family members crossed the limits of tolerance, the petitioner sought for interference of her parents and elders to advise the respondent and his family members, but all the attempts of the parents and elders of petitioner's family went in vain. Inspite of harassment, the petitioner continued to live with the respondent, but in the month of April 2013 the respondent drove out the petitioner from his house asking the petitioner to bring more dowry from her parental house and sent her to her parents house at Bilagi wherein she is now residing Even after the petitioner was staying with her parents at Bilagi, the respondent along with his family members visited the parents house of the petitioner and started demanding the dowry. Inspite of all efforts, the respondent did not take the petitioner back to his house and on the contrary on 23.2.2014 the mother of the respondent visited the house of the petitioner and threatened the petitioner with dire consequences if she did not bring dowry. Thus the petitioner was constrained to file a petition in Crl. Misc. 41/2014 on the file of the Civil Judge (Sr. Dn) and JMFC, Bilagi, under Section 125 of Code of Civil Procedure, seeking for maintenance and she also filed criminal complaint against respondent and his family members alleging the commission of offences under the provisions of Domestic Violence Act and the same is registered as P.C. No. 2/2014 pending on the file of learned Civil Judge & JMFC, Bilagi. The petitioner further contended that the respondent -husband after attending the Court at Bilagi, has filed a petition under Section 10(1)(a) and (b) of the Hindu Marriage Act before the Family Court, Raichur, for judicial separation. Subsequently, the respondent withdrew the said case and filed another petition under Section 9 of the Hindu Marriage Act, seeking for restitution of conjugal rights in M.C. No. 54/2014 before the very same Court in order to harass the petitioner. Therefore, the petitioner having not capable of attending the Court at Raichur as she has no means of income and is living at the mercy of her parents, has sought to transfer of the petition filed by the respondent from Raichur to Bilagi.

(3.) I have heard the learned Counsel for the parties to the lis.