SUHASINI Vs. S.B. MAHENDRA KUMAR

JUDGEMENT

(1.) The petitioner/wife filed the above civil petition under the provisions of Section 24 of the Code of Civil Procedure, 1908, to transfer M.C. No.50/2014 on the file of the Senior Civil Judge and CJM, Sagar to the Court of Senior Civil Judge and CJM, Hirekerur, alleging that she is the wife of the respondent and the marriage between them was solemnised on 27.02.2011 at Taralabalu Kalyana Mantapa at Hirekerur as per Hindu rites and rituals. The petitioner further contended that after the marriage, they lived happily for some months, but after the birth of a male child, respondent started harassing the petitioner physically and mentally. After sending the petitioner to her parents' house, respondent did not join the company of the petitioner, but he wanted his son and not the petitioner; there is a threat to her life. Inspite of the same, respondent/husband filed MC No.50/2014 on 25.06.2014 before the Court of Senior Civil Judge and CJM, Sagar, for restitution of conjugal rights. She further stated that she is living with her mother and she is not having any source of income; respondent and his family members are harassing the petitioner by using filthy language and respondent is pressurising the petitioner to live with his mother and not with him; she contends that it is difficult for her to reside with his mother as there is danger to her life and also in attending the Court at Sagar. Further, she is also not earning and nobody in the family can accompany her to attend the Court at Sagar on all hearing dates. The distance from Sagar to Hirekerur is about 100 km, as such, she is unable to travel alone. Therefore, she sought for transfer of the case.

(2.) I have heard the learned counsel for the parties to lis.

(3.) Sri.Madan Mohan Khannur, learned counsel for the petitioner, has reiterated the averments made in the petition and sought for transfer of the case, as prayed for.