BINDHU P.S. Vs. JAYAPRAKASH G.

JUDGEMENT

(1.) This petition is filed by the petitioner Smt. P.S. Bindu who is the respondent in M.C. No. 1023/2017 for transfer of the petition pending before the II Additional Principal Judge, Family Court, Bangalore to Principal Senior Civil Judge and Principal JMFC, KGF, Kolar and to direct that M.C. No. 1023/2017 be clubbed and tried along with M.C. No. 68/2017 pending on the file of Principal Civil Judge and Principal JMFC, KGF, Kolar.

(2.) It is the case of the petitioner that she was married to the respondent on 14.11.2013 at SVR Kalyana Mantapa, Bangarpet, Kolar as per Hindu rites and customs. Due to discord between the couple, the respondent-husband has filed petition seeking divorce against the petitioner-wife in M.C. No. 1023/2017 which is pending before the II Additional Principal Judge, Family Court, Bangalore. Thereafter, the petitioner who is residing separately along with her parents at Bangarpet, KGF has filed a petition for restitution of conjugal rights under Hindu Marriage Act, 1955 which is pending before the Principal Senior Civil Judge and Principal JMFC, KGF, Kolar which is numbered as M.C. No. 68/2017. The petitioner-wife being a household lady is not having any income, she is totally depending on her parents for her livelihood and a small child is also residing with the petitioner-wife. The said infant child requires continuous care by the petitioner-wife.

(3.) The respondent- husband has filed the M.C petition No. 1023/2017 at Bangalore to harass the petitioner-wife. The petitioner-wife has also filed case under Section 125 of Cr.P.C in CMC No. 115/2017 before the Court of Bangarpet for maintenance. The respondent-husband has been appearing in the said case. The petitioner-wife without having any income is finding it difficult to attend the case at Bangalore. If the M.C. petition No. 1023/2017 filed before the II Additional Principal Judge, Family Court, Bangalore, is transferred to the Court of Prl. Senior Civil Judge and Principal JMFC, KGF, Kolar and clubbed with M.C. No. 68/2017, the petitioner-wife can conveniently attend those cases and defend herself in those matters.