IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.71 OF 2019 BETWEEN:
C.C.GREENA W/O U.B.APPANNA AGED ABOUT 32 YEARS R/AT ‘VINU NILAYA’ NO.475/1, OFFICERS COLONY GUMMANAKOLLI, KUSHALNAGAR SOMWARPETE TALUK KODAGU – 571 236 … PETITIONER (BY SRI VENKATESHA GOWDA, ADV. FOR SRI G.BALAKRISHNA SHASTRY, ADV.) AND:
U.B.APPANNA S/O U.C.BOPANNA AGED ABOUT 36 YEARS R/AT G4, SHANTINIKETAN APARTMENTS 5TH A CROSS, VINAYAKA LAYOUT KEMPAPURA, BANGALORE – 560 024 ... RESPONDENT (BY SMT.APARNA RAMESH, ADV. FOR SRI ANAND MUTALLI, ADV.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 (1) OF CPC PRAYING TO WITHDRAW MC NO.4573/2018 FROM THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU AND TRANSFER THE SAME TO THE FILE OF SENIOR CIVIL JUDGE AT SOMAWARPETE, DISTRICT KODAGU.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER “Whether it is just and expedient to withdraw M.C.No.4573/2018 pending on the file of the VI Additional Principal Judge, Family Court, Bengaluru and transfer the same to the Court of Senior Civil Judge, Somawarpete, Kodagu District?” is the question involved in this case.
2. The marriage of petitioner and respondent was solemnized on 26.09.2010 at Ammathi, Virajpet Taluk, Coorg District. They are blessed with a daughter born on 12.11.2014. Some disputes arose between the parties. Therefore, the petitioner is residing with her parents at Kushalnagar of Somwarpete Taluk.
3. The petitioner has filed Crl.Misc.No.114/2018 against the respondent before the Civil Judge and J.M.F.C., Kushalnagar under the Protection of Women from Domestic Violence Act, 2005 alleging that she was subjected to domestic violence in the hands of respondent and claiming monetary relief etc.
4. Since the child is with the petitioner, the respondent has filed G & WC No.11/2018 against the petitioner before the Senior Civil Judge, Somawarpete claiming custody of the child.
5. The respondent has filed M.C.No.4573/2018 before the VI Additional Principal Judge, Family Court, Bengaluru against the petitioner seeking restitution of conjugal rights.
6. The petitioner seeks withdrawal and transfer of M.C.No.4573/2018 from the Family Court, Bengaluru to Senior Civil Judge, Somawarpete on the ground of her financial hardship and hardship in traveling to Bengaluru to attend the case with the child and that the interest of the child suffers in such circumstances.
7. Sri.G.Balakrishna Shastry, Learned counsel for the petitioner reiterating the grounds of the petition seeks withdrawal of the petition.
8. Smt.Aparna Ramesh, learned counsel for the respondent reiterating the grounds of statement of objections submits that the petitioner is only interested in prolonging all the matters. She submits that the petitioner has brother at Bengaluru and she keeps visiting Bengaluru and if the case is transferred the respondent suffers dislocation of his services as the Human Resource Department employee of some Information Technology Company. She further submits that the respondent is ready to bear the traveling expenses of the petitioner. She also contends that already the respondent is paying interim maintenance of Rs.8,000/- per month in C.Misc No.114/2018.
9. There is no dispute that already two cases are pending between the parties before the Court at Somawarpete and Court at Kushalnagar. The respondent at any time had not sought transfer of those cases alleging his inconvenience etc.
10. Admittedly, the child is aged 4 years and residing with her mother. Though it was contended that the respondent is serving in some institution, no material was placed to substantiate the said contention. It is contended that M.C.No.4573/2018 is already posted for judgment. It is also submitted that since petitioner could not contest the same effectively, no cross-examination of the witness or her evidence has taken place in the said case. Under such circumstances, the balance tilts in favour of the petitioner in seeking transfer. Therefore, the petition is allowed.
11. M.C.No.4573/2018 pending on the file of the VI Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Court of Senior Civil Judge, Somwarpete for disposal along with G & W.C.No.11/2018 pending before the said Court in accordance with law.
12. The parties shall appear before the said Court without any further notice on 06.01.2020. The parties shall co-operate for the expeditious disposal of both the cases. The Senior Civil Judge court, Somwarpete shall disposes of the cases as expeditiously as possible at any rate within six months from the date of the appearance of the parties before it.
Sd/- JUDGE KG