Meenakshi vs Maruti

B. Veerappa, J.—The petitioner/wife filed the above Civil Petition under Section 24 of the Code of Civil Procedure, 1908, to transfer M.C. No. 6/2014 on the file of the Senior Civil Judge and CJM, Bagalkot, to the Family Court at Belagavi.

It is the case of the petitioner/wife that the marriage between the respondent and petitioner was solemnised on 29.05.2010 at Shri Ramu Ajjanavar Kalyana Mantap, Gadachi, Ramadurg Taluk. After the marriage, respondent has taken the petitioner to his house; respondent''s family is distant relatives for the petitioner''s family, knowing each other families. After clear understanding between them, the marriage was solemnised between the petitioner and respondent; it is an arranged marriage. The petitioner has passed B.A., B.Ed. and she won many certificates in school and colleges; the respondent/husband has been indulging in making false allegations against the petitioner that she is having arrogant nature and behaviour with his family members and that the petitioner has not developed common sense and understanding to lead simple marital life and she did not fulfil the desire of the respondent to lead happy marital life and happy sexual relationship. It is contended by the petitioner that the said allegations are all false and baseless; the petitioner has tolerated all this insult and cruel treatment meted to her, with a fond hope that things will be set right. But, the respondent deserted the petitioner and threw her out from his house. Now, the petitioner is taking shelter in her brother''s house at Belagavi. The respondent/husband has filed M.C. No. 6/2014 under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, for divorce against the petitioner. Therefore, the petitioner also filed Criminal Misc. Case No. 142/2014 on the file of the Family Court, Belagavi, for maintenance of Rs. 20,000/- per month to the petitioner. Therefore, the petitioner contended that it is impossible for her to travel from Belagavi to Bagalkot on every date of hearing and there is life threat to her, if she attends the case at Bagalkot. Therefore, she seeks for transfer of the petition from Bagalkot to Belagavi.

Though the respondent is represented by the counsel, no objections are filed till today, inspite of sufficient opportunity was granted.

I have heard the learned counsel for the parties to lis.

Sri. D.L. Ladkhan, learned counsel for the petitioner, has reiterated the averments made in the petition and sought for transfer of the case, as prayed for.

Sri. Deepak S. Kulkarni, learned counsel for the respondent, has contended that the petitioner has filed Criminal Misc. No. 142/2014 against the respondent/husband only to harass the husband and she can travel from Bagalkot to Belagavi and there is no impediment for her to attend the case on every date of hearing. Further, it is contended that whatever allegations made in the petition are all false and baseless. Therefore, he sought to dismiss the Civil Petition.

I have given my thoughtful consideration to the arguments advanced and perused the entire material on record.

Admittedly, the marriage of the petitioner and respondent was solemnised on 29.05.2010 at Gadachi, Ramadurg Taluk and it is also not in dispute that the petitioner filed Crl.Misc. No. 142/2014 on the file of the Family Court, Belagavi, for maintenance under Section 125 of the Code of Criminal Procedure and the respondent/husband is attending that case on every date of hearing. It is also not in dispute that the respondent/husband filed M.C. No. 6/2014 for divorce against the petitioner in the Court of Principal Civil Judge (Sr.Dn.) and CJM, Bagalkot and immediately after the receipt of notice in the said M.C. case, the present Civil Petition has been filed by the wife for transfer. She specifically stated that, it is very difficult for her to travel from Belagavi to Baglkot on every date of hearing, which is about 120 km. and there is life threat to the petitioner from the respondent and his family members.

The said allegations made in the petition are not at all denied by filing any objections, except the oral objections by the learned counsel for the respondent.

Taking into consideration the young age of the petitioner and the allegations made in the Civil Petition that there is a threat to the life of petitioner and she cannot travel alone from Belagavi to Bagalkot, I am of the opinion that the convenience of the wife has to be considered.

My view is fortified by the dictum of this Court in the case of Seema alias Preeti Vs. Pramod Chandrakant Vernekar, (2004) 4 KarLJ 572 , wherein this Court, following the ratio laid down by the Hon''ble Apex Court in the case of Sumita Singh Vs. Kumar Sanjay and Another, AIR 2002 SC 396 : (2001) 10 SCC 41 : (2001) AIRSCW 5193 : (2001) 5 Supreme 667 , has held that while considering the application for transfer of matrimonial proceedings under the provisions of Section 24 of the Code of Civil Procedure, the convenience of the wife has to be looked into and accordingly, this Court has allowed the transfer petition filed by the wife.

Taking into consideration the facts and circumstances of the case and the dictum of the Hon''ble Supreme Court and followed by this Court, referred supra, the Civil Petition is allowed.

M.C. No. 6/2014, pending on the file of the Senior Civil Judge and J.M.F.C., Bagalkot, is ordered to be transferred to the Family Court, Belagavi, for adjudication between the parties, on merits, in accordance with law.