KASHIBAI Vs. SOMAPPA

JUDGEMENT

(1.) THE wife filed this transfer petition under Section 24 of the Code of Civil Procedure, 1908, to transfer MC No. 9/2015 on the file of the Senior Civil Judge and JMFC, Muddebihal to the Family Court, Belagavi, for proper adjudication.

(2.) IT is the case of the petitioner that she is the legally wedded wife of respondent and their marriage took place on 21.05.2010, as per Hindu customs, in front of the house of the respondent at Bantanur village, Muddebihal Taluk. After the marriage the petitioner joined the respondent to lead married life at Bantanur. Out of the wedlock, the petitioner gave birth to a female child, namely Kalpana, on 18.08.2011 and thereafter, the petitioner joined the respondent along with her daughter. The atmosphere in the house of the respondent was changed when the petitioner went to the house of respondent with a female child. Thereafter, the respondent and his family members started harassing the petitioner and started demanding dowry of Rs. 1,00,000/ - from the father of the petitioner.

(3.) ON 28.02.2014, the petitioner filed a petition in Criminal Misc. No. 68/2014, under Section 125 of the Code of Criminal Procedure, 1973, for grant of maintenance before the Family Court, Belagavi and the same is pending adjudication. During the pendency of the said petition, she also gave birth to a male child, who is now aged about 1 month. In the interregnum, the respondent/husband also filed a petition in M.C. No. 9/2015 under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights, in the Court of Senior Civil Judge and JMFC, Muddebihal. Therefore, the petitioner is before this Court.