The petitioner/wife filed the present civil petition under Section 24 of CPC to transfer the matrimonial case in M.C.No.12/2017 on the file of Family Court Dharwad to the Family Court, Vijayapur.

2. It is the case of the petitioner/wife that marriage of petitioner and respondent was performed on 09.02.2009 at Gauramma Hiremath Rapati Kalyana Mantap at Dharwad as per the customs and rituals prevalent in their community. The same was registered on 07.04.2010 at the office of Registrar of Marriages, Dharwad. Thereafter, she was residing with respondent at Dharwad. The respondent started quarreling with petitioner contending that she is suffering from Asthma. When she was treated by the Doctor, the Doctor told that she is not suffering from Ashtma. Thereafter, petitioner gave birth to girl by name Mahi. She is residing with respondent and thereafter in the month of February 2016 she driven out from the house of the respondent. Since, then she is residing at her parents house.

3. In the meanwhile husband filed M.C.No.12/2017 under the provisions of Section 13 (1) (ia) (iii) (a) of Hindu Marriage Act before Family Court at Dharwad for divorce and making allegations against the petitioner. The petitioner was forced to file complaint before Gol Gumbaz Police Station for harassment caused by respondent and his family and same was registered in Crime.No.46/2017 for the offences punishable under Sections 498A, 323, 504, 506 R/w Section 149 of IPC and same is pending before Vijayapura Court. The petitioner is having 03 years old daughter and she is not able to travel all the way from Vijayapur to Dharwad which is about 210 kms. There is a life threat to her if she visit at Dharwad. She has no source of income to look after herself and her minor daughter. She is not in a position to attend the Court at Dharwad on every date of hearing. Therefore, she sought for allow the petition as prayed for.

4. The respondent filed objections denying the averments made in the civil petition. He has admitted the relationship in between the parties as husband and wife and the marriage. He further contended that respondent has filed private complaint under Section 200 of Cr.P.C. before Magistrate Court at Dharwad in PCR.No.360/2016 against the relatives of petitioner stating that they have assaulted with a rod besides putting life threat to the respondent. If petition is allowed and transfer from Dharwad to Vijayapur relatives of petitioner being having political power may cause bodily injuries to the respondent. It is further contended that case was registered in the year 2017 now matter is posted for evidence. The petition may require 23 times only. The respondent is ready to pay travelling expenses to his wife and making arrangement to attend the Family Court at Dharwad. Therefore, question of transferring the petition from Dharwad to Vijayapur does not arise at all. It is further contended that petitioner relatives have threatened to him and case is also registered. If the case is transferred from Dharwad to Vijayapur as prayed for there is chance of life threat to the respondent. Therefore, respondent sought for dismissal of the civil petition.

5. I have heard the learned counsel for the parties to the lis.

6. Sri.R.S.Lalagali, learned counsel for the petitioner reiterating the grounds urged in the civil petition sought for transfer of M.C.No.12/2017 pending on the file of Family Court Dharwad to Family Court Vijayapur.

7. Per contra G.B.Yadaw, learned counsel for the respondent sought for dismissal of the civil petition reiterating the grounds urged in the objections. He further contended that there is life threat to respondent from the brothers of the petitioner, if matter is transferred from the Dharwad to Vijayapur.

8. I have heard the learned counsel for the parties, the marriage between the parties is not in dispute. There are allegations and counter allegations to each other. It is also not in dispute that petitioner has lodged complaint agains