IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.330 OF 2016 BETWEEN:
SMT.D.R.ARUNA W/O MOHAN KUMAR AGED 30 YEARS R/AT VENKATESHWARA RESIDENCE HOLE BIDI AGRAHARA RAMANAGARA TOWN AND DISTRICT – 562 159 ...PETITIONER (BY SRI SREENIVASAN M.Y., ADV.) AND MOHAN KUMAR D S/O DEVARAJU AGED ABOUT 32 YEARS R/AT NO.811, SRI GURURAGAVENDRA NILAYA 1ST FLOOR, 5TH MAIN CHANNAKESHAVA NAGARA HOSA ROAD, ELECTRONIC CITY BANGALORE – 560 100 ...RESPONDENT (BY SRI DHANARAJ H.S., ADV.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE M.C.1904/2016 IS PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO CIVIL JUDGE SENIOR DIVISION AT RAMANGARA AND ETC.
THIS CIVIL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R “Whether it is just and expedient to withdraw M.C.No.1904/2016 from the file of Principal Judge, Family Court, Bengaluru and to transfer the same to the Court of Senior Civil Judge and CJM, Ramanagara?” is the question involved in this case.
2. The marriage of the petitioner with the respondent was solemnized on 07.07.2012 at Mysuru. Out of the said marriage, a son was born on 8.4.2014 at Mysuru. The petitioner filed D.V.C.23/2015 before the Principal Civil Judge and JMFC., Ramanagara, alleging domestic violence and monetary relief, etc.
3. Thereafter the respondent has filed M.C.No.1904/2016 on the file of Principal Judge, Family Court, Bengaluru, for dissolution of marriage on the ground of cruelty and desertion.
4. Petitioner claims that due to her financial difficulties and hardship in traveling to Bengaluru court with a minor child, she is not able to effectively contest M.C.No.1904/2016. Therefore, she seeks transfer of the said case to Ramanagara court.
5. As per the address furnished in the petition in M.C.No.1904/2016 itself, the petitioner is residing at Ramanagara. In the said petition, respondent himself has admitted that child is born on 8.4.2014 and is with the petitioner. There is nothing to show that the petitioner has her own source of income.
6. Under the circumstances, the contention of the petitioner that she will not be able to effectively contest M.C.No.1904/2016 due to her economic deprivation and hardship of traveling with the child to the court at Bengaluru, is acceptable.
7. As per Section 19 of the Hindu Marriage Act, 1955, a petition under Section 13 of the said Act lies at the place where the marriage took place, where the respondent resides or where the parties last resided together. Therefore, it is not that Ramanagara court lacks jurisdiction to try the said matrimonial case.
8. Under the circumstances, it is just and expedient to withdraw and transfer M.C.No.1904/2016 as prayed for. Therefore, the petition is allowed.
M.C.No.1904/2016 pending on the file of Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Court of Senior Civil Judge and CJM, Ramanagara, for disposal in accordance with law.
Sd/- JUDGE KNM/-