Smt. Suhasini vs Mr. Deepak

C.R. Kumaraswamy, J.—This Civil Petition is filed praying to transfer M.C. No. 155/2013 on the file of the Family Court, Dharwad to Senior Civil Judge Court, Muddebihal, in the interest of justice and equity. The petitioner is the legally wedded wife of the respondent. Their marriage was solemnized on 25.06.2011 at Dharwad. After the marriage, the petitioner went to the house of the respondent to lead the marital life. Thereafter difference of opinion arose between the husband and wife, therefore, the respondent has filed the Divorce Petition in M.C. No. 155/2013 before the Family Court, Dharwad.

The petitioner seeks to transfer M.C. No. 155/2013 pending on the file of the Family Court, Dharwad to the Court of Senior Civil Judge, Muddebihal. The wife has no means. The respondent is an Officer in the Indian Navy and he is getting a handsome salary. The petitioner is living at Talikote in Muddebihal Taluk. She being a lady finds it difficult to travel from Talikote to Dharwad.

The respondent has filed the statement of objection. He states that in the court of Civil Judge (Sr. Dn.) Muddebihal, there are huge numbers of cases are pending. Since the Family Court, Dharwad is dealing with only matrimonial matters, the case will be disposed off at the earliest. He states that as he is serving as a Lieutenant Commander in the Indian Navy (Armed-forces) as an Executive Officer at Indian Navel Academy Izhimala Payannur Kerala, Dharwad is nearer when compare to Muddebihal. M.C. No. 155/2013 is pending before the Family Court, Dharwad. He can travel from his place of working i.e. Kerala to Dharwad within 36 hours whereas to attend the Court of Civil Judge (Sr. Dn.) Muddebihal, he has to apply three days leave, which is very difficult for him to get leave.

The respondent states that the petitioner is a B.E. graduate working in a private firm and she is capable of earning more money. The father of the petitioner i.e. the wife is a retired Development Officer of New India Assurance Company. The father of the petitioner has got movable and immovable properties including several acres of agricultural land and he has got 16 houses at Talikoti. The father of the petitioner is having stone crushing business. He is also a Trustee in an educational institution. He is also one of the partners in Vasudev Hebasur''s Finance Company, Talikote. At various instances, the petitioner threatened him by saying that her maternal uncles and other relatives are dangerous people, as they are very rich and influential persons as such there is every likelyhood of threat to life of the respondent, if he travels to Muddebihal to attend the case.

I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent.

Learned counsel for the petitioner submits as under:-

The respondent-husband is working in Kerala. The distance and also the timings to travel between Kerala to Dharwad and Kerala to Muddebihal are more or less the same.

Learned counsel for the respondent submits as under:-

The respondent is ready and willing to pay Rs. 3,000/- as and when the wife appears before the Court The respondent is in the Indian Navy working at Kerala and it takes nearly more than 21/2 to 3 days to travel from Kerala to Muddebihal. There is no proper conveyance facility to travel from Kerala to Muddebihal whereas there is better facility to travel from Kerala to Dharwad. Taking into account of this account and also inconvenience caused to the respondent, who has to travel from Kerala to Muddebihal, wherein the train facility is unavailable at Muddebihal and since the respondent is willing to pay Rs. 3,000/- as and when his wife appears before the Court besides, the parents of the petitioner is influential persons in the locality, in my view this petition deserves to be rejected.

In view of the above discussion, I pass the following:

ORDER

This petition is dismissed. However, it is made clear that the respondent shall send a sum of Rs. 3,000/- to his wife well in advance on every date as and when she requires to attend the Court.