Dhanya B.C. vs Satish

B.S. Patil, J.—This petition is filed u/s 24 CPC seeking transfer of the matrimonial case filed in M.C. No. 17/2012 pending on the file of the Civil Judge (Sr.Dn.), Sakleshpura, to the Family Court at Shimoga.

Petitioner is the wife of the respondent. Their marriage was solemnized on 17.02.2012. Petitioner is currently staying at Shimoga. Though the marriage was celebrated at Sakleshpura and although both of them lived there for sometime, as the parents of the petitioner, as asserted by the petitioner, are staying at Shimoga, she is now staying at Shimoga.

According to her, due to mental and physical torture meted out to her by the respondent, she had to go over to Shimoga and stay along with her parents. Petitioner claims to have filed Crl.Misc. No. 201/2012 before the jurisdictional Court at Shimoga under the provisions of the Protection of Women From Domestic Violence Act, 2005. It is also stated by her that she has obtained a restraint order on 12.06.2012 against the respondent from visiting her and causing annoyance to her. It is her case that as a counter blast, the respondent has filed a petition for restitution of conjugal rights in M.C. No. 17/2012 on the file of the Civil Judge (Sr.Dn.), Sakleshpura.

Learned counsel for the petitioner submits that the petitioner is unable to travel from Shimoga to Sakleshpura to defend herself each time the case is taken up at Sakleshpura.

Though served, respondent has remained unrepresented.

I have heard the learned counsel for the petitioner and perused the petition averments and other materials on record. The distance between Shimoga and Sakleshpura is about 150 kms. Petitioner has contended that she has aged parents and her economic condition is not good. She has already instituted a case against her husband under the provisions of Domestic Violence Act which is presently pending in the Court at Shimoga. In addition, an apprehension is expressed by the petitioner that there is threat to her safety and security. This apprehension cannot be brushed aside in the facts and circumstances of the case.

Hence, in my view a case is made out for transfer of M.C. No. 17/12 pending on the file of the Civil Judge (Sr.Dn.), Sakleshpura, to the Family Court at Shimoga. Accordingly, this petition is allowed. M.C. No. 17/12 is withdrawn from the Court of Civil Judge (Sr.Dn.), Sakleshpura and transferred to the Family Court at Shimoga.