SUJITHA Vs. VENKATESH I

JUDGEMENT

(1.) This petition is filed by the wife under Section 24 of CPC for transfer of M.C.No.2851/2018 pending on the file of III-Addl. Prl. Judge, Family Court, Bangalore, at Bangalore to Senior Civil Judge at Sindhanur taluk, Raichur district.

(2.) The case of the petitioner is that, the petitioner and respondent are husband and wife and their marriage was solemnized on 15.06.2014 at 'Satya Gardens' Sindhanur, Raichur district as per the customs prevailing in their community. It is submitted that out of their wedlock daughter by name Kumari Niharika was born. After the birth of said daughter, respondent started harassing the petitioner and treated the petitioner with cruelty by demanding additional dowry. Due to the torture and harassment by the respondent and his mother, the petitioner and her daughter came back Sindhanur, Raichur district and started residing in the parental house. The respondent has filed M.C.No.2851/2018 before the learned III-Addl. Prl. Judge, Family Court, Bangalore under Section 13(1) (i-a) (i-b) of Hindu Marriage Act seeking dissolution of marriage solemnized on 15.06.2018 with the petitioner. It is the further case of the petitioner that since the petitioner has no other source of income for her livelihood, she has filed Cri. Misc.No.530/2018 for maintenance. The same is pending before the Prl. Civil Judge and JMFC, Sindhanur, Raichur district. She has filed this petition for transfer of case since she is residing in Sindhanur, it is difficult for her to travel to Bangalore and attend MC case filed by her husband. Therefore, she prays for transfer of the same to Sindhanur. Hence, she has filed this petition under Section 24 of CPC.

(3.) Sri Mahantesh Patil, learned counsel for the petitioner submits that after the birth of daughter Kumari Niharika, the respondent and his mother started harassing the petitioner and treated the petitioner with cruelty by demanding additional dowry. Due to the torture and harassment by the respondent and his mother, petitioner and her daughter came back to her parental house at Sindhanur. From Sindhanur to Bangalore it is more than 360 km, it is difficult for her to travel to Bangalore and it will cause more inconvenience and there is no family member to escort her to Bangalore. He further contended that she has filed Crl. Misc. Petition No.530/2018 under Section 125 of Cr.P.C. for maintenance against the respondent. In that case, the notice has been issued to the respondent and interim maintenance has been granted. If MC petition filed by the husband is transferred to Sindhanur Court, it is convenient for her to prosecute her case. In support of his case, he has relied on the judgment of the Hon'ble Supreme Court in the case of Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani reported in, 2009 AIR(SC) 1374.