IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA CIVIL PETITION NO.289/2016 BETWEEN:
CHANDANA C., W/O.K.R.SANTOSH, D/O.LATE CHANNUR R., AGED ABOUT 34 YEAR,S, R/O.NO.513, 13TH MAIN ROAD, ITIPM LAYOUT, NAGARABHAVI, BENGALURU-560 072. ... PETITIONER (BY SRI SHANKARAPPA & SRI PAVAN KUMAR G., ADVS.) AND:
K.R.SANTOSH, S/O.M.KRISHNA MURTHY, AGED ABOUT 29 YEARS, R/O.NO.38, 1ST MAIN ROAD, 3RD CROSS, GIRIDARSHINI LAYOUT, MYSORE-570 028. ... RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO TRANSFER M.C.NO.644/2015 WHICH IS PENDING ON THE FILE OF THE COURT OF THE JUDGE, ADDL. FAMILY COURT, MYSURU TO THE FAMILY COURT AT BENGALURU AND SUCH OTHER RELIEFS AS THIS COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court seeking that the petition in M.C.No.644/2015 pending on the file of the Additional Family Court, Mysuru be withdrawn and be transferred to the Family Court at Bengaluru.
2. Notice of this petition was ordered to the respondent. The respondent though served has not chosen to appear and oppose this petition.
3. The petitioner is the wife of the respondent.
Due to certain disputes in their married life, they are residing separately. The respondent herein has instituted the petition in M.C.No.644/2015 under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. The petition papers would no doubt reveal that the marriage of the parties was solemnized on 06.05.2011 at Mysuru and the respondent herein is also residing at Mysuru.
4. In a normal course, the petition as filed before the Family Court at Mysuru would be justified. However, it is noticed that the address of the petitioner which has been provided by the respondent himself before the Court below would indicate that the petitioner is presently residing at Bengaluru. It is also evident from the papers that the minor daughter of the parties is also residing with the petitioner herein at Bengaluru. In that circumstance, it would be difficult for the petitioner to travel on every date of hearing to the Court at Mysuru and defend the petition effectively.
5. Therefore, if these aspects and the nature of allegations made in the petition are kept in view, the prayer as made herein is liable to be granted. Accordingly, it is ordered that the petition in M.C.No.644/2015 pending on the file of the Family Court, Mysuru be withdrawn and the same be transferred to the Family Court at Bengaluru. The transferee Court shall issue notice to the parties and thereafter proceed further in accordance with law.
The petition is accordingly disposed of.
Sd/- JUDGE ST