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.308/2019 BETWEEN:
SMT.CHITHRA R.
W/O SHRI PRATHAP H.K. AGED ABOUT 21 YEARS WORKING AS TAILOR R/O SHIVASHANKARA RICE MILL NEW MANDI SHIVAMOGGA DISTRICT – 577 204 … PETITIONER (BY SRI K.V.SATEESHCHANDRA, ADVOCATE) AND:
SHRI PRATHAP H.K. S/O SHRI H.P. KUMAR AGED ABOUT 33 YEARS R/O NO.605, 9TH CROSS KAMMANAHALLI, KULLAPPA CIRCLE NEHARU ROAD BENGALURU – 560 043 ... RESPONDENT (RESPONDENT SERVED BUT UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER M.C.NO.1843/2019 PENDING ON THE FILE OF THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT AT SHIVAMOGGA.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Respondent served, unrepresented.
2. Heard the petitioner’s counsel. The marriage of the petitioner and respondent was solemnized on 20.08.2015 at Shivamogga. Out of the said marriage, the couple have a son aged two and half years.
3. The petitioner has filed Crl.Misc.No.81/2018 against the respondent before J.M.F.C., Court, Shivamogga under the Protection of Women from Domestic Violence Act, 2005 seeking order of protection and maintenance etc., for herself and her child. She has also filed complaint against the respondent alleging cruelty and that case is pending in C.C.No.625/2018.
4. The respondent has filed M.C.No.1843/2019 against the petitioner before the Family Court, Bengaluru for dissolution of marriage on the ground of cruelty.
5. The petitioner is seeking transfer of M.C.No.1843/2019 from the Family Court, Bengaluru to Family Court, Shivamogga on the ground that due to her financial condition and responsibility of the child, she is not able to attend the Court at Bengaluru.
6. The respondent does not deny those grounds. In his pleadings in M.C.No.1843/2019, he himself has admitted about the pendency of proceedings Crl.Misc.No.81/2018 and Criminal case against him before Courts at Shivamogga and petitioner living with her child at Shivamogga.
7. Having regard to the facts and circumstances of the case and the material on record, the grounds urged by the petitioner for transfer are found convincing one. Therefore, the petition is allowed.
8. M.C.No.1843/2019 pending on the file of the IV Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Family Court, Shivamogga for disposal in accordance with law.
Sd/- JUDGE KG