ASMA (AYESHA) Vs. MUJEER AHMED

JUDGEMENT

(1.) The wife filed the above Civil Petition under Sec. 24 of the Code of Civil Procedure, to transfer O.S. No. 4/2014 on the file of the Family Court, Gadag to the Family Court, Belagavi, for adjudication between the parties.

(2.) It is the case of the petitioner that she is the legally wedded wife of respondent and their marriage was solemnised on 20.10.2011 at Bailhongal. The petitioner and respondent lead marital life at Gadag and thereafter, out of their wedlock, she gave birth to a male child on 16.03.2013 and thereafter, relationship between them got strained. The petitioner was discharging her matrimonial obligations as a good wife, but the conduct and behaviour of the respondent and his mother towards the petitioner was inhuman and highly objectionable. The respondent was in complete control of his mother and he is serving in Railways and he had no time to spend with the petitioner. The petitioner suffered at the hands of the respondent and his mother, physically and mentally. During November 2012, the petitioner informed her parents that she is pregnant and asked them to take her to Bailhongal for the proper medical care of herself and her child in her womb. Thereafter, the parents of the petitioner brought her to Bailhongal and there, she gave birth to a child. On the advice of the elders and Jamat members, the respondent took the petitioner along with the child to Gadag. Again the respondent's mother started ill -treating the petitioner and her child. Immediately, the petitioner conveyed all these mishappenings in her matrimonial life to her parents. Under these circumstances, the petitioner was constrained to file Criminal Misc. Case No. 32/2014 under the provisions of Sec. 12(1) of the Protection of Women from Domestic Violence Act, 2005 and also filed Criminal Misc. Case No. 38/2014 under Sec. 125 of Cr.P.C. for maintenance, on 17.01.2014. The same is pending for adjudication.

(3.) As a counter -blast, the respondent filed O.S. No. 4/2014 before the Family Court, Gadag, for restitution of conjugal rights, only to harass the petitioner. It is also contended that the distance between Bailhongal to Gadag is about 200 km. and the petitioner along with her 1 1/2 year old child cannot travel alone on every date of hearing as she has to depend on her old father. The petitioner also contended that she apprehends that she may be physically man -handled by the agents of the respondent at Gadag. The respondent with mala fide intention just to harass the petitioner has filed O.S. No. 4/2014 on the file of the Family Court at Gadag. Therefore, she sought to allow the Civil Petition.