Deepa vs Gopal

B. Veerappa, J.—The wife filed the above civil petition under Section 24 of Civil Procedure Code against the respondent/husband, praying to transfer M.C. No. 23/2014 on the file of the Senior Civil Judge and JMFC, Badami, to the Family Court, Hubli.

It is the case of the petitioner that her marriage with the respondent was solemnized on 11.05.2013 at Badami and since the date of marriage the petitioner was dreaming of a happy and peaceful married life. But there were serious matrimonial disputes and the petitioner was taken to the matrimonial house on 12.5.14 and on the same day she was sent back to her parents house at Hubli on the pretext that some auspicious function has to be conducted before she start living with her husband and she was left at Hubli. Thereafter, after 15 days of the completion of the pooja and ceremonies she was asked to reside with the respondent. But a strange allegation was made against the petitioner that she was not co-operating with the respondent and his family members repeatedly persisted that the petitioner should leave their house at Badami and go to her parents house at Hubli. Ultimately it was agreed that life of the petitioner and respondent cannot be improved and it was decided to approach the elders to put some good advice to the respondent and his family members. Accordingly, a meeting was held on 16.2.2014 at Badami and it was decided to obtain divorce by the respondent and the respondent shall pay a sum of Rs. 10 lakhs to the petitioner for her future maintenance and the said amount was agreed to be deposited in the State Bank of India. The said mutual understanding was reduced into writing with the consent of both sides. Thereafter, the petitioner was taken back to her parental house with the said mutual understanding and conditions but the respondent failed to keep up his words. Neither the amount of Rs. 10 lakhs was deposited by the respondent nor the petitioner was taken back by the respondent to his house. Therefore, the petitioner filed Crl. Misc. 143/2014 on 26.5.2014 under Section 125 of Cr.P.C. on the file of the Family Court, Hubli, for maintenance. Thereafter, the respondent on 7.7.2014 filed M.C. No. 23/2014 on the file of the Senior Civil Judge and JMFC, Badami, under Section 13(1)(i) of the Hindu Marriage Act seeking decree of divorce.

The petitioner further contended that she is staying with her parental house at Hubli and she has does not have any independent source of income and she is unable to maintain herself. Inspite of interim maintenance granted by the Family Court, Hubli, the respondent has not paid any single pie and she is not able to attend the Court at Badami on every date of hearing. The distance between Hubli to Badami is 120 Kms. and the petitioner also stated that she cannot travel alone and she is threatened by her husband and his parents, etc. The respondent is a landlord and he owns joint family property movable and immovable at Badami and agricultural lands in Badami and he earns more than Rs. 15,00,000/- p.a. atleast from the above sources. Therefore, she sought for transfer of the petition from Badami to Hubli.

The respondent/husband served and unrepresented.

I have heard the learned Counsel for the petitioner.

Smt. Seema Naik, learned Counsel for the petitioner has reiterated the averments made in the Civil Petition and contended that in view of the factual circumstances of the case, it is a fit case to transfer the matter from Badami to Hubli. Therefore, she sought for allowing the petition.

I have given my thoughtful consideration to the arguments advanced by the learned Counsel for the petitioner and perused the entire material on record.

It is not in dispute that the petitioner and respondent were married on 11.5.2013 at Badami and it is also not in dispute that the petitioner filed M.C. No. 143/2014 on the file of the Family Court, Hubli and the Family Court has granted interim maintenance of Rs. 3,000/- per month and in spite of the same, respondent has not paid a single pie. To avoid payment of maintenance the respondent filed M.C. 23/2014 under Section 13(1)(i) of the Hindu Marriage Act at Badami. The distance between Hubli and Badami is about 120 Kms. The petitioner specifically stated that she has no means to spend for traveling expenses, court fee, advocates fee and she is unable to attend the court on every date of hearing. In spite of settlement meeting held on 16.2.2014 to pay Rs. 10 lakhs, the respondent has not complied with the settlement deed. The respondent is a powerful person and is threatening the petitioner of dire consequences and therefore she is not able to attend the court at Badami on every date of hearing. Therefore, she prays transfer M.C. No. 23/2014 pending on the file of the Senior Civil Judge and JMFC, Badami to the Family Court at Hubli.

This Court while considering the petition under Section 24 of Code of Civil Procedure, in the case of Seema alias Preeti Vs. Pramod Chandrakant Vernekar, , relying upon the dictum of the Apex Court in the case of Sumita Singh Vs. Kumar Sanjay and Another, , has held that while considering the application for transfer of matrimonial proceedings, the convenience of the wife has to be looked into. Taking into consideration the age of the petitioner who is aged 24 years, the financial condition of the petitioner and in view of the law declared by the Hon''ble Supreme Court cited supra, in my considered opinion, this is a fit case to transfer M.C. No. 23/2014 pending on the file of the Senior Civil Judge & JMFC, Badami, to the Family Court, Hubli for further adjudication.

Accordingly, the Civil Petition is allowed. The matrimonial case in M.C. No. 23/2014 pending on the file of the Senior Civil Judge & JMFC, Badami, is ordered to transfer to the Court of Family Court, Hubli, for adjudication of the matter between the parties on merits and in accordance with law.