ANITHA Vs. ANIL KUMAR

JUDGEMENT

(1.) Heard both the counsel.

(2.) The petitioner is the wife. She filed this petition seeking transfer of M.C. No.6/2005 filed by the respondent, who is her husband, for restitution of conjugal rights, on the file of Civil Judge (Sr.D.N.), Sadam Gulbarga District, Karnataka to the Family Court, City Civil Court, Hyderabad.

(3.) In the affidavit filed in support of the transfer petition the petitioner stated that her marriage with the respondent was performed on 16-6-2002 and as her mother-in-law and brother-in-law harassed her mentally and physically and demanded dowry, on 26-3-2004 she was constrained to leave the company of the respondent and go to her parents. The petitioner is presently residing in her brother's house. As the petitioner was harassed, she filed criminal case No.445/2004 under Section 498-A I.P.C. on the file of XXII Metropolitan Magistrate, Nampally, Hyderabad. It is stated that as the petitioner was unable to maintain herself, filed M.C. No.38/2005 on the file of Family Court, Hyderabad. Subsequently, the respondent filed M.C. No.6/2005 on the file of Civil Judge (Sr. D.N.) at Sadam, Gulbarga District, Karnataka for restitution of conjugal rights. The petitioner stated that the respondent and her in-laws have threatened her for filing petition seeking for divorce and, therefore, apprehends bodily harm to her. As the respondent filed petition for restitution of conjugal rights after her petition for divorce was filed and as she being unemployed woman it would be difficult for her to go to Sadam on every date of hearing and, therefore, sought the transfer as stated above.