E. THIMMAPPA Vs. ROOPA THIMMAPPA

JUDGEMENT

(1.) The petitioner in the main petition, i.e. Crl. R.P. 619/14, Thimmappa is the legally wedded husband of Smt. Roopa, the petitioner in the connected petition. The first wife of the Thimmappa is dead, and Roopa is a divorced lady. The marital relation of Roopa was dissolved by means of a decree of divorce passed in M.C. 1001/07 dated 13.3.2008. Thimmappa had married one Girija in the year 2002 and she died because of certain ailments, leaving behind one child aged 1 1/2 years. Thereafter Thimmappa married Roopa and Roopa gave birth to a male child on 26.12.2009 and named him as Chiranjivi.

(2.) The allegation of Thimmappa in the main petition is that his wife -Roopa has deserted him without any lawful or justifiable cause. Therefore, he has filed a petition seeking divorce before the family Court at Mysuru. Smt. Roopa has filed a petition for transfer of the said case to Bangalore.

(3.) Roopa had filed a petition under Sec. 12 of the Protection of Women From Domestic Violence Act, 2005, on 29.4.2011 seeking monthly maintenance of Rs. 5,000/ - and compensation of Rs. 5,00,000/ -.