IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.6 OF 2019 BETWEEN:
MRS.CHANDANA K.S.
W/O DR.B.S.MANJU ADITHYA NAYAK D/O SURESH BABU AGED ABOUT 29 YEARS R/AT NO.4133/10, 12TH CROSS 10TH MAIN, SIDDAVEERAPPA LAYOUT DAVANAGERE – 577 002 … PETITIONER (BY SRI SANTHOSH B., ADVOCATE) AND:
DR.B.S.MANJU ADITHYA NAYAK S/O LATE S.N.SREENIVAS AGED ABOUT 37 YEARS R/AT NO.213, 6TH MAIN ROAD 16TH CROSS, CQAL LAYOUT ‘C’ BLOCK, SAHAKARNAGAR BENGALURU – 560 092 ... RESPONDENT (RESPONDENT –SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER OF THE MC PETITION, WHICH IS PENDING ON THE FILE OF HON’BLE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN M.C.NO.4549/2018 TO HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., DAVANAGERE.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Respondent served, absent. Heard the petitioner’s counsel.
The marriage of petitioner and respondent was solemnized on 28.08.2014 at Bengaluru. Out of the said wedlock, the couple have a daughter born on 01.10.2015. Due to the strained relationship, now the petitioner is residing in Davanagere with her parents.
2. The respondent has filed M.C.No.4549/2018 against the petitioner on the file of the VI Additional Principal Judge, Family Court, Bengaluru seeking dissolution of marriage on the ground of cruelty.
3. The petitioner seeks transfer of M.C.No.4549/2018 from the Family Court, Bengaluru to the Family Court, Davanagere on the ground that she has no source of her own income and traveling to Bengaluru with the child to attend the case is detrimental to the interest of the child and causes hardship.
4. The respondent does not contest the petition and disputes the said grounds. Petition in M.C.No.4549/2018, the respondent has admitted that petitioner and her child are residing at Davanagere in her parental house. Nothing is produced to show that the petitioner has any source of her own income. Under the circumstances, it is just and expedient to transfer the petition as prayed for.
5. Therefore, the petition is allowed.
M.C.No.4549/2018 pending on the file of the VI Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Court of Principal Judge, Family Court, Davanagere for disposal in accordance with law.
Sd/- JUDGE KG