IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION No.291/2016 BETWEEN: CHAITRA N.B.
W/O KIRAN KUMAR S.
D/O BHAVANI RAO N.T. MULE AGED ABOUT 26 YEARS HOUSE WIFE NOW R/AT NYAMATHI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT – 577 217 … PETITIONER (BY SMT.DALIYA SINGH FOR SRI D.C.PRAKASH, ADVOCATES) AND:
KIRAN KUMAR S S/O SATYANARAYANA G.HAVALE AGED ABOUT 32 YEARS C/O MR.SANATH D.NO.3, SANKALP MANIMANDHIR DEEWAN’S ROAD, LAKSHIPURAM MYSURU – 570 004 ... RESPONDENT (BY SRI H.C.SHIVARAMU, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER MC. NO.359/2016 PENDING ON THE FILE OF ADDITIONAL FAMILY COURT, AT MYSURU TO SENIOR CIVIL JUDGE AT HARIHARA IN DAVANAGERE DISTRICT.
THIS CIVIL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is the wife of the respondent. Their marriage was solemnized on 18.11.2015 at Nyamathi, Honnali Taluk, Davanagere District. Due to differences between the parties, the respondent has filed M.C.No.359/2016 before the Additional Family Court, Mysuru seeking dissolution of the marriage on the ground of cruelty.
2. The petitioner is seeking transfer of the said case from the Court at Mysuru to the Senior Civil Judge, Harihara on the ground her financial crunch and her hardship to travel alone to Mysuru.
3. Respondent opposes the petition on the ground that the petitioner was highly non-cooperative and he has aged parents and grandmother whom he needs to attend. He further contends that presently he is working in Bengaluru and therefore, if the case is transferred to Bengaluru, he is ready to pay the litigation and traveling expenses to the petitioner.
4. As per Section 19 of the Hindu Marriage Act, 1955, the petition lies at the place of marriage or at the place where the parties last resided together or at the place where the respondent resides.
5. As per the address furnished in the matrimonial case itself the petitioner is residing in Honnali with her parents. The two facts of solemnization of the marriage and residence of the respondent contemplated under Section 19 of the Hindu Marriage Act, 1955 are in favour of the petitioner.
6. So far as the ground that the respondent has to take care of his parents and grandmother, there is nothing to show that they are solely depending upon him. The very fact of the respondent’s proposal to lend financial assistance to the petitioner to travel to Bengaluru shows penury and hardship of the petitioner.
7. Under the circumstances, if the respondent proceeds with matrimonial case in Mysuru, the petitioner will not be in a position to effectively contest to the case at Mysuru.
8. Therefore, the petition is allowed.
M.C.No.359/2016 on the file of the Additional Family Court, Mysuru is hereby withdrawn and transferred to the Court of Senior Civil Judge, Harihara , Davanagere District for disposal in accordance with law.
Family Court at Mysuru shall transmit the records forthwith. The parties shall appear before the Senior Civil judge, Harihara on 06.12.2019 without any further notice.
In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and stands disposed of accordingly.
Sd/- JUDGE KSR