(1.) THE marriage between the petitioner and the respondent was solemnised on 20. 12. 2003 at Hubli as per the Hindu rites and customs. It is the case of the petitioner that after the marriage, she lived with her husband in his house at Hubli. During her stay in the house of the respondent, parents of the respondent often used to quarrel with her. She was ill-treated and harassed by the other family members of the respondent. It is further contended that the respondent and his family members have been demanding dowry. During the seventh month of her pregnancy, she came to her mother's house at Bangalore for confinement. After the delivery, the respondent never bothered to take back the petitioner and her child to his house. The respondent has abandoned her and the child and has failed to perform his duty as a husband and father of the child. It is contended that the respondent is well settled and has sufficient means to maintain the petitioner and the child. He earns about Rs. 25,000/- per month from his shop at Hubli. Since the respondent failed to take care of the petitioner and her child, she had no other option but to file a petition under Section 125 of the code of Criminal Procedure before the II Additional Principal Family judge, Family Court at Bangalore in C. Misc. No. 523/2006 seeking maintenance. Thereafter, the respondent has filed a case against the petitioner for restitution of conjugal rights under Section 9 of the Hindu marriage Act, 1955, in M. C. No. 76/2007 before the I Additional Civil judge (Sr. Dn.) at Hubli. The petitioner has produced a copy of the petitions in both the cases, as per Annexures 'a' and 'c respectively. It is contended that the respondent has filed the aforesaid case for restitute of conjugal rights as a counter blast to her petition for maintenance. It is further contended by the petitioner that she is not working anywhere. At present she is residing at Bangalore and it is very difficult for her to appear before the Civil Judge (Sr. Dn ). , at hubli and engage a Counsel at Hubli. Therefore, she has sought for transfer of M. C. No. 76/2007 on the file of the I Additional Civil Judge (Sr. Dn. ). , Hubli to II Additional Principal Family Judge, Family Court, bangalore, where the case filed by her in C. Misc. No. 523/2006 is pending.
(2.) AFTER service of notice, respondent has entered appearance and has filed his statement of objections. In the statement of objections, he has denied that there was any quarrel between the petitioner and his parents and that petitioner was harassed or ill-treated by his family members. It is further denied that he has failed to maintain her and the child. It is his case that petitioner has withdrawn from his society without there being any sufficient cause. It is his case that he is suffering from chronic epliepsy. He is advised against travelling. He does not have independent source of income. The provision store belongs to his father and he is not receiving any money from his father. He prays for dismissal of the writ petition.
(3.) I have heard the Learned Counsel for the petitioner and perused the materials placed on record. Learned Counsel for the parties have reiterated the contentions urged in their respective pleadings in their arguments.