ANUSHA KULKARNI Vs. UMESH KULKARNI

JUDGEMENT

(1.) THE petitioner in the instant petition prays to withdraw and transfer M. C. No. 35/2005 on the file of the Civil Judge (Sr. Dvn.), Chikmagalur to the Court of the Civil judge (Sr. Dvn.) at Dharwad in the interest of justice and equity.

(2.) THE only grievance made out by petitioner in this petition is that, petitioner being a lady is not in a position to attend the Court as and when M. C. No. 35/2005 is posted for consideration before the learned Civil Judge (Sr. Dvn.) Chikmagalur, on the ground that, she is staying with her parents at Dharwad and the distance between Chikmagalur and dharwad is 300 k. m. and she cannot travel alone without the assistance of any male member and whereas, the respondent is concerned, he can appear before the Court if the matter is transferred to Dharwad and no hardship would be caused to him. Further it is the case of the petitioner that, she has filed an application before the Court below in M. C. No. 35/2005 under Section 24 of Hindu Marriage Act, seeking a direction against the respondent herein to pay maintenance at the rate of Rs. 6,500/-per month and Rs. 2,500/- towards litigation expenses. The Court below after hearing both sides has allowed the said application and directed the respondent herein to pay the monthly maintenance at the rate of Rs. 2,500/-to the petitioner herein and also directed to pay litigation expenses at Rs. 2,500/-, by its order dated 6th February, 2006. The respondent herein has paid Rs. 2,500/- towards litigation expenses and he has not paid single pai towards maintenance from the date of allowing the said application till as on date. Having regard to these backgrounds and due to her personal difficulty, petitioner was constrained to file this Civil petition.

(3.) I have heard learned counsel appearing for petitioner and learned counsel appearing for respondent.