SOMESHWAR Vs. NEHA

JUDGEMENT

(1.) THE husband/petitioner filed the above petition under Section 24 of the Civil Procedure Code, praying to transfer Crl. Misc. 116/2014 pending before the Family Court, Bijapur to Family Court, Dharwad, wherein M.C. No. 179/2013 is pending, contending that marriage of the petitioner and respondent was solemnized on 29.06.2012 at Shn Guruganayogi Panchakshan Kalyanamantap, Basavanagar, Halyal Road, Dharwad, and the respondent was residing with the petitioner. In the residence of the petitioner his old aged parents and petitioner were residing and in the respondent was very much attached to her parents and it was difficult for her to adjust with the petitioner and his family members and therefore, she used to visit her parents house frequently and used to stay there for months together. It is the contention of the petitioner, that the respondent instead of staying and helping the petitioner and looking after his family, has shown her interest in helping her parents and residing with them and as the respondent was insisting the petitioner to find teacher's job at Dharwad, the petitioner filed an application of respondent before KE Board High School on 27.2.2013 and made all efforts to keep the respondent happy but the respondent never tried to adjust with the petitioner and lived with him. That on 13.3.2013, the respondent without informing the petitioner went to Bijapur with her parents. After several request, the respondent put certain conditions and returned to Dharwad and after coming to Dharwad she revealed the fact that she was working at Bijapur and that she will stay in her parents house and the petitioner should visit her once in a week to Bijapur. The petitioner made all efforts to bring back the respondent to his house and keep the respondent happy. But the respondent never cared the advise of petitioner and his parents. The petitioner issued a legal notice, which the respondent replied through her Counsel and asked for maintenance of Rs. 15,000/ - per month. Therefore, the petitioner filed M.C. No. 179/2013 before the Family Court, Dharwad, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and the respondent filed objections. The respondent also filed Crl. Misc. No. 116/2014 under Section 125 of Criminal Procedure Code claiming maintenance of Rs. 15,000/ - per month before the Family Court, Bijapur.

(2.) THE petitioner contends, that he is running a small single handed medical shop at Dharwad and residing with his age old parents and it is not possible for him to travel to Bijapur every now and then leaving all his work and age old parents to attend the case at Bijapur. Therefore, he sought for transfer the maintenance petition filed by respondent to Dharwad.

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