JAYADEVI Vs. BASAVARAJ

JUDGEMENT

(1.) In this Civil Petition the wife has filed an application under Section.24 C.P..C. seeking the withdrawal of the case in M.C.No. 20/88 from the file of the Principal Civil Judge, Bagalkot and to transfer of the same to Principal Civil Judge, Dharwad or any other equivalent Court having the jurisdiction to try the case in Dharwad.

(2.) The material facts are that the husband has filed a matrimonial case in M.C. No. 20/88 before the Court of the Principal Civil Judge, Bagalkot for restitution of conjugal rights. The case is pending before the Court. The petitioner is not living in Bagalkot in the house of her husband. She is residing with her parents at Dharwad. The main reason for seeking a transfer is the danger to life which the petitioner is entertaining in her mind from her own husband. Several allegations have been made to make out a case that the husband is demanding dowry from the petitioner and on account of resistance from the petitioner the situation has become dangerous and explosive. She has even gone to the extent of alleging that the respondent, his parents and his sister had attempted to beat the petitioner and had subjected her to abusive language. It is also alleged that the mother of the respondent threatened the petitioner that she would be "finished off" and that a second marriage would be performed to the respondent. In these circumstances, the petitioner apprehends danger to her life if she enters Bagalkot and therefore, she is seeking transfer of the case from Bagalkot to Dharwad.

(3.) The learned counsel appearing for the respondent has denied categorically all these allegations and submitted that the respondent is very keen on taking back his wife to his home to lead a happy marital life and that the apprehension of the petitioner is unfounded. According to the learned counsel for the respondent, the respondent will not cause any danger whatsoever to the life of the petitioner and all that he seeks is matrimonial bliss and that there should be restitution of conjugal rights towards that end. The demand of dowry by the respondent is denied by the respondent and the respondent has gone to the extent of filing an affidavit after there was a suggestion from this Court to explore ways and means in bringing about an amicable settlement between the parties. In the affidavit filed by the respondent, assurance and undertaking are given that the respondent would pay the bus fare of express bus from Bagalkot to Dharwad consisting of 'to' and 'fro' charges and also to any person who escorts her to the Court at Bagalkot apart from payment of stay incharges at Bagalkot for the purpose of attending the Court on every date of hearing. The respondent has also stated that he will give full security to her life not only on his behalf, but on behalf of his friends, relatives and parents. He has further stated that: "I assure that there is no threat to her life, whenever she comes to Bagalkot, in connection with the case, pending on the file of the Civil Judge, Bagalkot. I take the full responsibility in protecting her life."