SHWETA Vs. GURURAJ N.

JUDGEMENT

(1.) THESE two petitions under Section 24 of the CPC have been filed by husband and wife seeking transfer of cases.

(2.) PETITIONER in C.P. No. 100086/2014 who is the wife is seeking for transfer of the case MAT No. 73/2014 pending on the file of Prl. Judge, Family Court, Bellary, filed by the husband to the Court of the Prl. Sr. Civil Judge and CJM Court, at Haveri wherein M.C. No. 21/2014 is pending. Likewise, petitioner -husband in C.P. No. 100095/2014 is seeking for transfer of M.C. No. 21/2014 pending on the file of Prl. Senior Civil Judge and CJM, Haveri, namely petition filed by the wife under Section 9 of the Hindu Marriage Act to the Family Court, Bellary, wherein MAT No. 73/2014 is pending.

(3.) THERE is no dispute with regard to solemnisation of marriage between the petitioner and respondent which took place on 27.05.2013 at Bellary. On account of certain differences, they have been living separately. On the one hand, husband who has filed petition for divorce has contended that his wife suffers from mental disorder and as such, he is seeking for dissolution of the marriage. On the contrary, wife has filed a petition under Section 9 of the Hindu Marriage Act seeking for restitution of conjugal rights. In the Divorce Petition filed by husband, wife has filed an application under Section 24 of the Hindu Marriage Act seeking for maintenance. In these cases, parties have appeared, filed their written statement and it is being contested by them before the respective courts.