IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD CIVIL PETITION NO. 330 OF 2018 BETWEEN :
SMT. B. N. SWETHA AGED ABOUT 31 YEARS, DAUGHTER OF LATE NANJUNDASHASTRI WIFE OF R. HARIPRASAD NO.1148, 17TH MAIN GOVERNMENT SCHOOL ROAD SRINAGARA, BANASHANKARI BENGALURU - 560 050.
(BY SMT. RADHA.G., ADVOCATE SRI. L. HARISH KUMAR., ADVOCATE) AND :
SRI. R. HARIPRASAD AGED ABOUT 38 YEARS, SON OF H. T. RAMAMURTHY NO. 1343, “MATHRUSHREE” AGRAHARA TUMKUR TOWN – 572 112.
(BY SRI. M. R. NAGABHUSHANA, ADVOCATE) ... PETITIONER ... RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, A) TRANSFER THE PETITION FILED BY THE RESPONDENT FOR A DECREE OF DIVORCE IN M.C.NO. 251 OF 2018 PENDING ON THE FILE OF THE HON'BLE PRINCIPAL JUDGE, FAMILY COURT AT TUMAKURU TO THE COURT OF THE HON'BLE PRINCIPAL FAMILY COURT AT BENGALURU. B) GRANT SUCH OTHER RELIEF/RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE ABOVE CASE INCLUDING AWARDING COSTS OF THESE PROCEEDINGS IN THE INTEREST OF JUSTICE.
THIS CIVIL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned counsel for the respondent, and perused the records.
2. This is a petition filed by the wife under Section 24 of CPC seeking withdrawal of the petition pending consideration in M.C.No.251/2018 on the file of the Principal Judge, Family Court, Tumkuru and transferring the same to the Court of Principal Judge, Family Court at Bengaluru. The petition in M.C.No.251/2018 is filed by the husband seeking divorce.
3. The allegation in the petition for divorce inter alia is that the petitioner is unable to attend to everyday work, and the husband has been forced to take her to a psychologist for psychological evaluation. It is also alleged that the wife was unable to travel to her mother’s place at Bengaluru and therefore, the husband had to accompany her to Bengaluru every time when she want to travel. If the prayer for transfer is examined in the light of these allegations, it would be reasonable to conclude that the wife will not be able to travel to Tumkur to contest the petition for divorce. It is settled law that wife cannot be constrained in putting up an effective defence against her. Therefore, this Court is of the considered opinion that the petition will have to be allowed. As such, the following order:
a. The petition is allowed, and the divorce petition in M.C.No.251/2018 on the file of the Principal Judge, Family Court, Tumkuru, is withdrawn and transferred to the file of the Principal Judge, Family Court, Bengaluru.
b. The petitioner and respondent shall appear before the Principal Judge, Family Court, Bengaluru without further notice of the first hearing on 12th September 2019.
SD/- JUDGE nvj