IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CIVIL PETITION NO. 147/2017 BETWEEN SMT. C. K. NANDINI, W/O R. KANTHARAJU AGED ABOUT 32 YEARS, CHIKKA BALLI VILLAGE, KEREGODU HOBLI, MANDYA TALUK AND DISTRICT - 571 446 ... PETITIONER (BY SRI. NARAYANA REDDY M., ADV. ) AND 1. R. KANTHARAJU, S/O LATE RAMAKRISHNA, AGED ABOUT 39 YEARS, R/AT NO. 2817, BALIGERI, WARD NO.17, RAMANAGARA TOWN, RAMANAGARA DIST - 562 159.
2. SRI. R. KANTHARAJU, S/O LATE RAMAKRISHNA, AGED ABOUT 39 YEARS, TYPIST PRINCIPAL JUNIOR, CIVIL JUDGE AND JMFC COURT, CHITRADURGA - 577 501. ... RESPONDENTS (RESPONDENTS SERVED.) THIS CIVIL PETITION IS FILED U/S 24 OF CPC, PRAYING THIS HON'BLE COURT TO ALLOW THIS PETITION BY WITHDRAWING THE CASE IN MC NO. 75/2016 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE & CJM COURT, CHITRADURGA AND BE PLEASED TO TRANSFER THE SAME TO THE COURT OF SENIOR CIVIL JUDGE AT MANDYA, MANDYA DISTRICT FOR ADJUDICATION OF THE SAME IN ACCORDANCE WITH THE LAW, IN THE INTEREST OF JUSTICE AND EQUITY.
Heard the learned counsel for the petitioner.
Petitioner is the wife and respondent is the husband.
2. The respondent – husband has filed a petition u/s.13(i-a) of the Hindu Marriage Act, 1956, for grant of divorce. The respondent though served, remained un- represented.
3. Perused the contents of the Petition. The petition averments are not controverted. Hence, there is no legal impediment to transfer the M.C. No.75/2016 pending on the file of the Principal Senior Civil Judge & CJM Court, Chitradurga.
4. In the above said circumstances, I do not find any strong reasons to reject the petition. Hence, I pass the following:
ORDER The Petition is allowed. MC No.75/2016 pending on the file of the Principal Senior Civil Judge & CJM Court, Chitradurga, filed by the husband, is hereby withdrawn and the same is transferred to the Court of Senior Civil Judge at Mandya, for adjudication. The transferor court is directed to transmit the entire record to the transferee court. The Transferee court is hereby directed to secure the presence of the parties and proceed with the case in accordance with law.
Sd/-
JUDGE PL*