BALAKRISHNA, J.

( 1 ) IN this Civil Petition the wife has filed an application under Section. 24 C. P. . C. seeking the withdrawal of the case in M. C. No. 20/88 from the file of the Principal Civil Judge, bagalkot and to transfer of the same to Principal civil Judge, Dharwad or any other equivalent Court having the jurisdiction to try the case in Dharwad.

( 2 ) THE material facts are that the husband has filed a matrimonial case in M. C. No. 20/88 before the Court of the Principal civil Judge, Bagalkot for restitution of conjugal rights. The case is pending before the court. The petitioner is not living in bagalkot in the house of her husband. She is residing with her parents at Dharwad. The main reason for seeking a transfer is the danger to life which the petitioner is entertaining in her mind from her own husband. Several allegations have been made to make out a case that the husband is demanding dowry from the petitioner and on account of resistance from the petitioner the situation has become dangerous and explosive. She has even gone to the extent of alleging that the respondent, his parents and his sister had attempted to beat the petitioner and had subjected her to abusive language. It is also alleged that the mother of the respondent threatened the petitioner that she would be "finished off" and that a second marriage would be performed to the respondent. In these circumstances, the petitioner apprehends danger to her life if she enters bagalkot and therefore, she is seeking transfer of the case from Bagalkot to Dharwad.

( 3 ) THE learned counsel appearing for the respondent has denied categorically all these allegations and submitted that the respondent is very keen on taking back his wife to his home to lead a happy marital life and that the apprehension of the petitioner is unfounded. According to the learned counsel for the respondent, the respondent will not cause any danger whatsoever to the life of the petitioner and all that he seeks is matrimonial bliss and that there should be restitution of conjugal rights towards that end. The demand of dowry by the respondent is denied by the respondent and the respondent has gone to the extent of filing an affidavit after there was a suggestion from this Court to explore ways and means in bringing about an amicable settlement between the parties. In the affidavit filed by the respondent, assurance and undertaking are given that the respondent would pay the bus fare of express bus from Bagalkot to Dharwad consisting of to and fro charges and also to any person who escorts her to the court at Bagalkot apart from payment of stay incharges at Bagalkot for the purpose of attending the Court on every date of hearing. The respondent has also stated that he will give full security to her life not only on his behalf, but on behalf of his friends, relatives and parents. He has further stated that: "i assure that there is no threat to her life, whenever she comes to Bagalkot, in connection with the case, pending on the file of the Civil Judge, Bagalkot. I take the full responsibility in protecting her life. "

( 4 ) THIS is indeed a very sad case of two young spouses being at logger heads. This court conveyed its sentiments to both the parties who were asked to appear before the court that there should be a spirit of reconciliation between them because both the husband and wife are not only highly educated, but also well educated and enlightened persons with a long way to go in life. On the suggestion of this Court sincere efforts were made by both counsel to bring amicable settlement, but in vain. The wife is a lecturer in s. D. M. College, Dharwad, residing with her parents. It is stated that she is a temporary lecturer. Her qualification is B. E. , Electrical. The husband is a Reader in Engineering college in Bagalkot and his qualification is m. Tech. Both of them are on the threshold of life, young and fit enough to carry on their life as happy spouses. But unfortunately, it appears to me, that a kind of fear psychosis has over-taken the wife. It is difficult to as-certain the truth of the allegation on the basis of the affidavit and counter affidavit filed by the parties. This Court had the benefit of seeing and talking to both the spouses. Whereas on the face of the husband could be seen the desire for a happy life with his wife, on the face of the wife could be seen writ large an expression of a person terrorised and helpless apprehending danger to her very existence. Between the two expressions, i find it difficult to ascertain the truth and hence, I have to proceed only on the basis of a reasonable probability amidst serious allegations made and countered. The husband is living with his parents and sisters and the father of the husband is a retired Head constable of the State Police force. It appears that the grand father of the husband is a retired Sub-Inspector of Police. The father of the wife is a lecturer employed in. S. S. College, Dharwad. Inspite of the assurance held out by the husband, if the wife is not willing to take the opportunity of attending the Court at Bagalkot on the dates of hearing, there must be some strong reason for her behavior and conduct. It appears to me that there are only two reasonable probabilities and they are that she is unwilling to join her husband or that she is mortally afraid of stepping into Bagalkot for fear of losing her life. As already mentioned, she seems to be a victim of fear psychosis. I do not think it would be either fair or reasonable to compel her to attend the Court at Bagalkot by the force of an order to be passed by this Court. Since all efforts to rid her of her apprehension have gone in vain, one has to come to terms with reality and ominous possibilities. This Court would not have conceded the relief sought by the petitioner in the ordinary and normal circumstances. Having due regard to the state of mind of the wife and the fear which has been expressed so vocally, I am pursuaded to believe that there are reasonable probabilities of certain circumstances which are hostile to her deter her from visits to bagalkot to attend the Court proceedings on the dates of hearing. It is difficult for me to believe that it is an imaginary fear, particularly in the context of what is happening around in this Country in the matter of dowry deaths. It does not mean that I have reached a finding that the allegation and apprehension of the wife that her husband would put an end to her life, if dowry is not paid, is believed by this Court. I am only traversing the allegations of the petitioner which have some bearing on the consideration to be bestowed by this Court in a petition of this kind. I hasten to add that the order which I am passing in this case is not intended to be a precedent.

( 5 ) FOR the reasons stated above, the Civil petition is allowed. The case in M. C. No. 20/88 which is pending on the file of the Principal civil Judge, Bagalkot is hereby withdrawn and transferred to the Principal civil Judge, Dharwad for trial. The Principal civil Judge, Bagalkot is directed to transmit the records expeditiously to the counter part in Dharwad. The parties are directed to appear before the concerned Court in Dharwad on 18-10-1989 and there will be no further notice in this regard from the said Court. The learned counsel are required to intimate the parties of the date of hearing. I further direct the Court trying this case at Dharwad to dispose of the case on merits and in accordance with law within 6 months from the date of receipt of a copy of this order and a copy of this order shall be furnished forthwith to the concerned Court at dharwad. Civil Petition allowed.