BHARATI Vs. UMESH K

JUDGEMENT

(1.) This is a petition filed under section 24 of CPC, seeking withdrawal of M.C.No.6306/2017, pending on the file of III Addl . Principal Judge, Family Court, Bengaluru and transfer the same to the Family Court at Hubballi .

(2.) The petition averments in brief are that, the petitioner has tied the nuptial knot with respondent on 5.5.2011. Out of the marital tie between the petitioner and the respondent, no issues were born. The petitioner is residing in her parental house situated at Hubballi along with her family members. The father of the petitioner is working in Railway Department. The respondent and his family members subjected her to mental as well as physical cruelty. She has filed a petition under section 125 of Crimial P.C. for maintenance against the respondent in Crl .Misc.No.256/2015, which is pending on the file of the Family Court, Hubballi . She has also filed a petition under section 12 of the Domestic Violence Act, against the respondent bearing Crl .Misc.No.201/2017, pending on the file of JMFC-II Court, Hubballi . The respondent has filed M.C.No.6306/2017, pending on the file of III Addl . Principal Judge, Family Court, Bengaluru. Except her father, there is no other male member to accompany her to travel from Hubballi to Bengaluru to attend the Court proceedings on all the dates of hearing. Her father will not get leave frequently. The distance between Hubballi and Bengaluru is around 400 kilometers. She is depending upon her father only and she is not in a position to meet out her daily expenses like food and shelter. Therefore she is not in a position to protect her interest in the said petition traveling from Hubballi to Bengaluru. Therefore she has sought for transfer of the said petition to the Family Court, Hubballi .

(3.) The respondent has appeared through his counsel . However he has not filed any objections on the petition.