SAVITA Vs. RAVEENDRA

JUDGEMENT

(1.) The petitioner/wife filed the present civil petition under Section 24 of CPC to transfer the matrimonial case in M.C.No.12/2017 on the file of Family Court Dharwad to the Family Court, Vijayapur.

(2.) It is the case of the petitioner/wife that marriage of petitioner and respondent was performed on 09.02009 at Gauramma Hiremath Rapati Kalyana Mantap at Dharwad as per the customs and rituals prevalent in their community. The same was registered on 07.04.2010 at the office of Registrar of Marriages, Dharwad. Thereafter, she was residing with respondent at Dharwad. The respondent started quarreling with petitioner contending that she is suffering from Asthma. When she was treated by the Doctor, the Doctor told that she is not suffering from Ashtma. Thereafter, petitioner gave birth to girl by name Mahi. She is residing with respondent and thereafter in the month of February-2016 she driven out from the house of the respondent. Since, then she is residing at her parents house.

(3.) In the meanwhile husband filed M.C.No.12/2017 under the provisions of Section 13 (1) (ia) (iii) (a) of Hindu Marriage Act before Family Court at Dharwad for divorce and making allegations against the petitioner. The petitioner was forced to file complaint before Gol Gumbaz Police Station for harassment caused by respondent and his family and same was registered in Crime.No.46/2017 for the offences punishable under Sections 498A, 323, 504, 506 R/w Section 149 of IPC and same is pending before Vijayapura Court. The petitioner is having 03 years old daughter and she is not able to travel all the way from Vijayapur to Dharwad which is about 210 kms. There is a life threat to her if she visit at Dharwad. She has no source of income to look after herself and her minor daughter. She is not in a position to attend the Court at Dharwad on every date of hearing. Therefore, she sought for allow the petition as prayed for.