SOUMYASHREE Vs. P RAGHAVENDRA

JUDGEMENT

(1.) The wife has filed this Civil Petition under Section 24 of the Code of Civil Procedure to transfer M.C.No. 18/2015 filed by the respondent/husband pending on the file of the Judge, Family Court at Raichur to the Court of Prl. Judge, Family Court, Bellary, now at Siraguppa, to try along with M.C.No. 106/2015 filed by the wife.

(2.) It is the case of the petitioner/wife that the marriage between the petitioner and the respondent took place on 26.05.2010 at Basava Kalyana Mantap, Shakti Nagar, Raichur, as per Hindu rites and customs. It is the further case of the petitioner that father of the petitioner and mother of the respondent are brother and sister. Since there was cordial relationship between both the families, the marriage was fixed and accordingly, the father of the respondent consented for the marriage. After due talks, the petitioner's father gave Rs. 5 lakhs and 100 gms gold to the respondent/ husband towards dowry and spent about Rs. 5 lakhs towards the marriage. After the marriage, petitioner joined the respondent and led marital life for a period of one year. Thereafter, respondent and his parents started to harass the petitioner by picking up quarrel for silly reasons and used to abuse her in the presence of relatives and neighbours that she is suffering from hyper thyroid and blindness during night and that her parents cheated them by suppressing these facts. The petitioner tolerated all the torture. Thereafter, she was forced to file M.C.No.106/2015 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against the respondent/husband. Thereafter, husband /respondent filed M.C.No.18/2015 under Section 13(1)(ib) r/w Section 13(iii) and (v) of the Hindu Marriage Act, before the Family Court, Raichur, for a decree of divorce, against the petitioner.

(3.) It is further case of the petitioner that respondent purposefully filed M.C.No.18/2015 for a decree of divorce at Raichur. It is contended that petitioner's father is aged person and is living at a different place, petitioner is in financial difficulty and she has no means and that there is threat by the respondent on the life of the petitioner not to contest the case. Hence, the petitioner has preferred this Civil Petition praying for transfer of M.C.No.18/2015 pending on the file of the Family Court at Raichur to the Court of Prl. Judge, Family Court, Bellary, now at Siraguppa, wherein M.C.No. 106/2015 is pending.