In this petition filed by the petitioner-wife against respondent-husband, the petitioner seeks transfer of M.C.No.3538/2018 pending before the VI Additional Principal Judge, Bengaluru to Principal Judge, Family Court, Raichur, where the petitioner- wife is residing.
2. In view of the aforesaid facts and circumstances and in the light of the decision of the Apex Court in the case of SUMITA SINGH VS. KUMAR SANJAY AND ANOTHER - AIR 2002 SC 396 followed by this Court in the case of SUHASINI Vs. S.B.MAHENDRA KUMAR - ILR 2015 KAR 2804, I am of the considered opinion that the petition deserves to be allowed subject to the following directions to allay the apprehensions of the respondent.
3. It is the specific contention of the petitioner that she is residing with her parents at Raichur and she is unemployed and as such, it is not possible for her to travel 3all the way to Bengaluru to attend the aforesaid proceedings.
4. Per contra, it is the contention of the respondent that if the matter is transferred to Raichur there will be serious threat to his life in addition to harassment being caused to him by the petitioner and her family members.
5. In view of the aforesaid facts and circumstances and in the light of the decision of the Apex Court in the case of SUMITA SINGH VS. KUMAR SANJAY AND ANOTHER - AIR 2002 SC 396 followed by this Court in the case of SUHASINI Vs. S.B.MAHENDRA KUMAR - ILR 2015 KAR 2804, I am of the considered opinion that the petition deserves to be allowed subject to the following directions to allay the apprehensions of the respondent.
6. In the result, I pass the following:- ORDER
i) This civil petition is hereby disposed off subject to the following directions; 4ii) The proceedings in M.C. No.3538/2018 pending between the petitioner and the respondent before the VI Additional Principal Judge, Family Court, Bengaluru are hereby transferred to the Principal Judge, Family Court, Raichur for disposal in accordance with law; iii) The petitioner or any of her family members, relatives, supporters etc., shall not threaten or cause any harassment to the respondent whenever he visits Raichur; iv) The jurisdictional police at Raichur shall give necessary police protection to the respondent-husband whenever he visits Raichur;
v) The respondent-husband is reserved liberty to seek exemption/dispensation from personal appearance in M.C. No.3538/2018 before the Principal Judge, Family Court, Raichur; 5vi) The respondent-husband is also reserved liberty to seek conducting of the proceedings in M.C. No.3538/2018 before the Principal Judge, Family Court, Raichur, via video conferencing as far as possible. Subject to the aforesaid directions, the petition is disposed off. Sd/- JUDGE Bmc/-
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