Judgment · High Court

(BY SRI. ASHOK S KINAGI, ADVOCATE) AND BALAJI SINGH Sb NARAYAN SINGH, AGE: 35 YEARS, 0CC: PVT. SERVICE, R/0 C/O SHIVALAL PRASAD MUNNAIAH COMPOUND. SREESADANA HOUSE. DEVI NAGAR, BELLARY. PETITIONER RESPONDENT ThIS PETITION IS FILED U/S 24 OF CPC PRAYING TO TRANSFER THE M.C.NO.50/2011 PENDING BEFORE THE PRL. CIVIL JUDGE (SR.DN.) AT BELLARY, TO THE COURT OF THE FAMILY COURT AT GULBARGA. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ThE COURT MADE ThE FOLLOWING: 2 ORDER This petition Is filed for transfer of the petition for restitution of conjugal rights, which Is filed by the husband In Beflary Court to the Family Court at Qulbarga, where the wife has filed the petition for maintenance under Section 125 of Cr.P.C.

#2. The grievance of the wife, Is after filing of the petition Is for maintenance, as a counter blast, the husband has filed a petition at Beflary to harass the wife. Their marriage took place at Qulbarga. There Is no justification for him to file a petition at Bellary.

#3. The petition that Is filed by the husband Is for restitution of conjugal rights. That shows he has an Intention to take back his wife. If the wife has an Intention to join the husband all that she has to do Is, to appear before the Court at Bellary, on the hearing date and submit to the Court that she Is willing to join 3 her husband. If that course is adopted t.hat petition would come to an end and petition for maintenance also would come to an end. I do not find any reason to transfer petition from Bellary to Gulbarga. Accordingly, this petition is dismissed. Sd/ JUDGE Srt