MEENAXI SATISH KADAM Vs. SATISH RAMU KADAM

JUDGEMENT

(1.) This petition is filed by the wife seeking for transfer of M.C.No.33/2016, which is pending on the file of Senior Civil Judge & JMFC, Sindagi, to Family Court, Vijayapura.

(2.) The brief facts of the case are that the petitioner is legally wedded wife of respondent herein. Their marriage solemnized or 03.05.2013, as per customs and rituals prevailing in Hindu religious at J. M. Marriage Hall, Shastri Nagar, Vijayapura. After the marriage petitioner went to lead marital life with respondent's house. Respondent has not interested to cohabitation with petitioner. Respondent and his family members are giving mental torture and harass to the petitioner and abusing her with baseless allegations. He has left the petitioner at her parental home and he has not turned up. Since she has no other source of income to earn her livelihood, she has filed Criminal Miscellaneous No. 718/2016 before the JMFC-I Court Vijayapur. The same is pending for consideration. In the meantime, the respondent-husband has filed divorce petition under Sec. 13(1)(A) of Hindu Marriage Act, in M.C.No.33/2016 on the file of Senior Civil Judge, Sindagi. Since the petitioner is resident of Vijayapur, staying with her age old parents. It is very difficult to attend the case in Sindagi. Hence, she has filed this civil petition to transfer the M.C.No.33/2016 to Family Court, Vijayapur.

(3.) Sri. Basavaraj R. Math, learned counsel for the petitioner submits that the petitioner has filed petition under Sec. 12(1) of the Domestic Violence Act, against the respondent in JMFC-I Court, Vijayapur in Criminal Miscellaneous No. 718/2016, which is pending before the JMFC Court. In that case respondent is represented through his counsel and he is contesting the case. He further submitted that he is residing in Bangalore and he has filed case in Vijayapur just to harass the petitioner. The distance from Vijayapur to Sindagi only 50km, it will not cause any inconvenience to the respondent to attend the case in Vijayapur.