REENAW/O SUBFIASH NAIK v. SUBHASH SO E-1 NUMANTH NAIK

Shri Kanaka Kalyan Kendra, Shri Kanaka Bhavan, Gadag as per Hindu customs and rights. After the said marriage, petitioner went to the house of the respondent to lead marital life. Petitioner lead happy married life for a month. Thereafter, the respondent and his parents started to ill treat the petitioner. Inspite of all the Ill-treatment from the respondent, the petitioner tried to cope up with the respondent and his parents hoping that situation may Improve. But the hope of the petitioner turned false. On the contrary. the situation became even worse. They were giving lot of physical and mental torture to the petitioner. She could not tolerate the In human treatment given by the respondent and his parents. They neglected to maintain and take care of the petitioner. Therefore, petitioner ified maintenance petition In Crl.Mlsc.N.122/08 and also petition under Section 12 of the protection of woman from Domestic violence Act 2005 against the respondent and his parents. In order to prevent future tension In the family, the elders and family members of the petitioner and respondent convinced the 4—- i i I i ! , 4 ‘ i I ‘ ‘ ‘ 0 ! B I 1 1 i i I D 7 ‘ * ’ 3 9 ‘ - ‘ , 3 1 * 0 3 q . S S 1‘ • , C 9 4 0 0 c c o D S 1 I r : & 5 D C I 3 0 ’ D C D C 3 0 0 0 3 0 3 0 0 — * 3 E D C ’ i c D C 0 3 0 3 0 3 0 C D C a * 0 3 0 0 D C D C D C 3 0 , r D C 0C D wE0 - ‘ 3 0 g r D C 3 0 D C D aC 3 0 0 - ‘ D C a E i E c r c “ o o 0 D C D C 0 D C 0 c c C 0 D C D C D C 0 r E D C o D C D C % % t 0 C c D C D C r 0 i c 0 D C 0 3 0 * D C r o C c D p o r D C ÷ - 3 0 D C p 3 0 3 0 p D - w 3 0 pI D C D p C I 10 : t Q , c D C c r c D C i 6 pending adjudication and respondent has appeared through the counsel. No hardship or inconvenience as such would be caused to the respondent if Mlsc.No.3816/2010 is withdrawn on the file of Family Court. Bangalore, and transferred to Dharwad. The respondent Is financially well of and working in a company and has got substantial income and he can bear the expenses, whereas the petitioner has no source of income to bear the expenses of traveffing to Bangalore. Therefore, she prayed that the prayer sought in the instant petition may be granted.

4. I have carefully considered the grounds urged in the petition. What emerges Is that, the petitioner and the respondent are the husband and wife. Further It Is not In dispute that the petitioner has ified Crl.Misc.No.84/2010 for Interim maintenance. The same was admitted and notice was ordered on the respondent. But, he is not regular In paying the maintenance. M.C.No.3816/2010 filed by the. respondent under the provisions of Section 9 HIndu Marriage Act, seeking restitution of conjugal rights against the petitioner is pendmg adjudication. At this stage no hardship would be caused to the respondent whereas inconvenience and hardship will be caused to the petitioner.

5. Having regard to the facts and circumstances of the case as stated supra, the instant petition filed by the petitioner is allowed in part. The learned Principal / Family Court, Bangalore is directed to withdraw MC.No3816/2O1O filed petitioner from its file and transfer the same to the learned Principal Civil Judge (Sr. Dn.). i)hanvad or Family Court. Dharwad, for consideration immediately, Further, the learned Principal Civil Jude 1SrDni. Dharwad, or Family Cou.rt, D.harwad, is directed to d.ispose of the matter in aec.ordan.e.e with law after affording reasonahk.. opoormnitv to both the parties, With the above c.bse;natlons, petition flied h petitioner stands dispcsed of. Ordered accordin.t1:v. 7 8 In view of disposal of the main matter, the prayer sought by the petitioner In Misc. Cvi. does not survive for consideration. Hence, It Is disposed of as having become Infructuous. Ordered accordingly. Sd! 3UDGE Vmb