LAWS(KAR)-2017-9-50

SMT. ANUPAMA PATIL Vs. NATARAJ VEERANAGOUDA PATIL

Decided On September 18, 2017
Smt. Anupama Patil Appellant
V/S
Nataraj Veeranagouda Patil Respondents

JUDGEMENT

(1.) This petition is filed under Section 24 CPC seeking a direction to withdraw M.C.No.125/2016 from the Family Court, Hubballi and transfer the same to the Family Court, Bengaluru.

(2.) Petitioner is the wife of the respondent. Their marriage was solemnized on 07.06.2015 at Hubballi. Respondent - husband has filed M.C.No.125/2016 under Section 12 of the Hindu Marriage Act before the Family Court at Hubballi seeking a declaration that the marriage solemnized between the petitioner and the respondent was a nullity. He has alleged that his wife/petitioner herein was incapable of discharging conjugal relationship; that she was physically and mentally incapable of discharging such responsibility; that without disclosing her mental and physical incapacity and by committing fraud, the marriage was solemnized and therefore, marriage celebrated deserved to be annulled.

(3.) Petitioner has contended in the present petition that she is residing at Bengaluru in her father's place and that she is unemployed, whereas the respondent - husband being a post graduate in computer application was working as software engineer at Pune. She has urged that she was not familiar with Hubballi and that it would cause immense hardship to her to attend the proceedings at Family Court, Hubballi; that her parents being senior citizens, it was very difficult for her to go over to Hubballi alone and therefore, she has sought for transfer of the case from Family Court, Hubballi to Family Court, Bengaluru.