Smt. K. Shashikala vs T.N. Shekar Babu Rao

S.N. Satyanarayana, J.—The Respondent in MC. No. 6/2006 on the file of Civil Judge (Sr. Dn), Tarikere has come up in this petition seeking transfer of the same to the family Court at Bangalore.

Brief facts leading to this petition are:

Petitioner/wife and Respondent/husband were married on 8.6.2005 at Bangalore. It is seen that after marriage matrimonial house was set up in Tarikere in a house belonging to the father of Respondent. When the matter stood thus the father of Respondent namely T.E. Rudrappa filed a suit in OS. No. 7/2009 on the file of Civil Judge (Jr. Dn), Tarikere for the relief of ejection of Petitioner and Respondent from the suit schedule property. It is seen that said suit is decreed and thereafter, Petitioner and Respondent were thrown out of suit schedule property. At this juncture it is also stated by counsel for Petitioner that besides the suit for ejectment her father-in-law had filed a original suit for the relief of injunction restraining the Petitioner from entering in to his house. In the meanwhile, before filing the suit for ejectment and also for temporary injunction the present petition for decree of divorce is filed by Respondent/husband in MC. No. 6/2006 on the file of Civil Judge (Sr.Dn), Tarikere, which is pending.

The case of Petitioner is that after she was unceremoniously thrown out of the matrimonial house in view of the decree secured by her father-in-law for her ejectment and also in view of suit filed by her father-in-law restraining her from entering in to matrimonial house she does not have any place to stay at Tarikere. She is not well qualified and she is also not employed anywhere. She does not have the support of any other members of the family either financially or otherwise and except getting shelter in her parents house she does not have support from anybody. Under the circumstances it is impossible for her to travel on all dates of hearing to Tarikere and to attend the case.

After hearing the counsel for Petitioner and Respondent and on going through the pleading in the present petition, MC. No. 6/2006, OS. No. 7/2009 and taking in to consideration another suit which was filed for the relief of injunction it is clearly seen that there is concerted attempt on the part of Respondent and his father to deliberately throw the Petitioner from out of the matrimonial house and also to foist the case for divorce against her. Under the circumstances, this Court find that the unjust act of Respondent and his father should not be supported by rejecting the prayer for transfer sought in this petition.

In the light of aforesaid discussion the petition filed by Petitioner/wife, is allowed. Consequently, MC.6/2006 pending on the file of Civil Judge (Sr. Dn) & Prl.JMFC at Tarikere is withdrawn from that Court and assigned to the Family Court at Bangalore. The Respondent is also directed to pay a sum of Rs. 1,000/- towards the cost of this petition to the Petitioner within two weeks from today. Until the cost is paid by Respondent, he shall not be entitled to proceed with MC. No. 6/2006 after the same is transferred to the Family Court at Bangalore.