KALYANI Vs. GANGADHAR

JUDGEMENT

(1.) THE wife has field the above Civil Petition under Section 24 of Code of Civil Procedure, seeking to transfer M.C. No. 214/2013 pending on the file of Family Court, Hubli, to the Court of Senior Civil Judge, Jamkhandi.

(2.) IT is the case of the petitioner that she is the wife of respondent and their marriage was solemnized according to the Hindu rites and customs on 8.4.2012 at Jamkhandi. After marriage the petitioner started residing with the respondent till the first week of June, 2012. In the meantime, the petitioner was sent to her parental house at Jamkhandi to practice Ashadamasa. Thereafter, the respondent denied to accept the petitioner and even after intervention of the elders, the respondent denied to take the petitioner so as to lead the marital life. Thereafter, the respondent/husband started demanding heavy dowry amount from the parents of the petitioner. Being aggrieved by the attitude of the respondent, the petitioner filed M.C.4/2013 before the Court of Senior Civil Judge, Jamakhandi, for restitution of conjugal rights and also filed Crl.Misc.167/2013 for maintenance before the JMFC Court, Jamakhandi. The respondent appeared in both the cases. On 18.09.2013 the Court of Senior Civil Judge, Jamakhandi, passed an order to pay Rs. 2,500/ - per month as maintenance and Rs. 5000/ - as litigation expenses to the petitioner. The respondent in order to oppose the claim of the petitioner filed M.C.214/2013 before the Family Court, Hubli, on 19.9.2013 for divorce against the petitioner. The notice of the petition has been served on the petitioner and on 18.11.2013 the petitioner appeared in the said case. The respondent on the same day gave life threat to the petitioner stating that he will not allow her to attend the case at Hubli and threatened her to withdraw all the cases at Jamakhandi. Hence, the petitioner could not be able to attend the Court at Hubli on 5.12.2013. The petitioner reasonably apprehends that her life is at danger while attending the Court proceedings at Hubli. Therefore, she sought for transfer of M.C.214/2013 pending before the Family Court, Hubli, to the Court of Senior Civil Judge, Jamakhandi.

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