ROOPA Vs. SANJEEV

JUDGEMENT

(1.) THE wife filed the above Civil Petition under Section 24 of the Code of Civil Procedure to transfer M.C.39/2014 pending on the file of the Senior Civil Judge, Khanapur to the Family Court, Gadag.

(2.) IT is the case of the petitioner that the petitioner and respondent were married as per the Hindu customs and rites on 25.2.2007 at Panchaxari Kalyan Mantap, Gadag. It is further alleged that the petitioner's father has spent Rs. 6 lakhs for marriage expenses and after marriage the petitioner went along with respondent/husband to her matrimonial home at Itagi Tq:Khanapur. The respondent was working as Software Engineer at Hyderabad and therefore, the petitioner went to Hyderabad and both were staying at Hyderabad and out of the wedlock a male child was born on 14.9.2008. It is further submitted that the respondent changed his job and was working at Chennai. The petitioner's father made financial assistance to the respondent and both petitioner and respondent were living along with the child who is aged about 6 years. Thereafter the respondent started insisting the petitioner to bring money and the petitioner tolerated and cooperated with the respondent. But the respondent -husband used to abuse the petitioner in filthy language and used to assault her physically. Further it is alleged that the respondent was addicted to alcohol and bad vices and when the petitioner wife advised him not to drink before the minor child which will have bad impression on the child, the respondent again assaulted the petitioner who was carrying and due to assault there was miscarriage. The doctor advised her to take bed rest and therefore, the respondent brought the petitioner and the child from Hyderabad to Gadag and left them in Gadag Railway Station. Thereafter the parents of the petitioner went along with the petitioner and the child to Hyderabad and advised respondent to take back the petitioner, but the respondent scolded them in filthy language. Therefore, they left the petitioner with respondent and came back to Gadag. Thereafter, against the respondent continued to torture and harass the petitioner and therefore, the petitioner left the respondent and came back to her parents house at Gadag along with the minor child and is residing with her parents at Gadag, and she filed M.C.78/2014 under Section 13(1)(b) of the Hindu Marriage Act for a decree of divorce on 11.7.2014. Subsequently the respondent/husband also filed M.C.39/2014 on 18.10.2014 under the provisions of Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights on the file of the Senior Civil Judge at Khanapur, with an intention only to harass the petitioner. Therefore there was no bonafides in the petition filed by the respondent husband who is addicted to bad vices.

(3.) THE respondent has not filed any objections.