SMT. MADHAVI Vs. SHRI. VENKATESH

JUDGEMENT

(1.) The present petition is filed under section 407 of the Cr.P.C., 1973 seeking transfer of DVA No.5/2014, said to be pending on the file of the Principal Civil Judge and JMFC Court, Gokak to any suitable JMFC Court in Belagavi City.

(2.) In her petition, the petitioner has stated that, there are several cases between herself and the present respondent, who is her husband and they are being tried in different Courts at Belagavi. She is a middle aged lady residing at Belagavi in her parents' house and is also suffering with several health ailments. She has expressed her inability to travel to Gokak Court quite often to context this matter and considering the fact that several other cases between the same parties are now being tried at the Court at Belagavi, the present case also be tried at Belagavi.

(3.) The petitioner who is prosecuting this matter as party-in-person in her submission submitted that, in Criminal Misc. No.1170/2017, filed before the Principal District and Sessions Judge, Belagavi for the same relief, inadvertently and without any intention, she had made a statement which is shown that she was suspecting the credibility of the Court seized with DVA No.5/2014. She submits that, she tenders her unconditional apology and withdraws the said statement, since she at no point of time had any intention to impute the said remark to the said Court. She reiterates that her only contention is her medical ailment and inability to travel to Gokak from Belagavi quite frequently and the availability of the witnesses at Belagavi to prosecute the matter.