Judgment · High Court

(By Sri K RAGHAVENDRA RAO & Smt. V VIDYA, ADVS) AND M CHIRANJEEVI 5/0 NI. NARASAPPA. AGE: 34 YEARS, R/AT D3573/I57, OFFICERS COLONY, NEAR RAJA]VLATHA TEMPLE. ASAPUR ROAD, RAICHUR. THIS CIVIL PETITION COMING ON FOR ADMISSIoN 11115 DAY. THE COURT MAI)E THE FOLLOWING: ORDER In the instant case, petitioner has prayed to withdraw M.C. No,56/2010 on the file of the Judge, Family Court, Raichur. and transfer the same to the Pr!. Senior Civil Judge & JMFC. Hospet. where M.C. No9/2O1 1 filed by the petitioner is pending adjudication and to try the same along with M.C.No.9/201 1 filed by the petitioner in the interest of justice and equity.

#2. It is the case of the petitioner, that she has filed application under Section 24 read with Section 151 of the Cr.P.C, seeking to withdraw the MC No.56/2010 on the file of the learned Judge Family Court, Raichur. and transfer the same to t.he Pri. Senior Civi.1 Judge & JMFC, Hospet. where M(N9/20 ii is pending adjudication and try the same a1on wan ivLC .co.ii2u ii. Facts in brel are tnat petitIoner and responden.t .is t.he Lru.sband a.nrl wife and they lived to•ct..he.r happily for sometime, Unfortu.natel..t..r. they could not live together thereafter, due to cruelty by the respondent. Respondent used to assault petitioner many times and also used to make illegal demands from the petitioner. Therefore, she constrained to file petition under Section 13(1) of the Hindu Marriage Act, seeking decree of (uvorce, The same is pendmg adjudication on the file of the Pri, Senior Civil Judge. JMFC, Hospet, in MC No,9/201 1. Respondent also filed MC No56/2O1O on the file of the learned Judge. Family Court. Raichur, under Section 9 of the Hindu Marriage Act seeking decree for Restitution of Conjugal Rights.

#3. It is the case of petitioner that she is a woman having small child aged 4 years and she is working at KPTCL. Hospet, Bellary District and not in a position to appear as and when the case is posted thr consideration in Raichur and it is very difficult for her to at.tcn.d the Court at Raichur, as and vhcn the case is posted fb.r consid.eration without assistance of any male member of the family and there is no one to take care of Per child. concerned he has also en aged the service of t.he counsel in So fa.r as. respondent ‘/ 4 MC No.9/2011 where the matter is pending adjudication before Court at Hospet. Therefore no hardship or Inconvenience would be caused to the respondent if MC No.56/2010 is withdrawn and transferred to the Court at Hospet. aspects

#4. Taking these Into consideration, petitioner has made out a prima-fade case for considering the relief sought In the instant petition. Taking all these relevant facts into consideration, the instant Civil petition ified by the petitioner is allowed In part. The learned Judge, Family Court, Raichur is directed to withdraw MC No.56/20 10 and transfer the same to the Prl. Senior Civil Judge & JMFC, Hospet along with MC No.9/2011 and by the same on merits In accordance with law after affording reasonable opportunity to both the parties and dispose of expeditiously. Vmb/Sbs Sd/ JUDGE