IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.83 OF 2015 BETWEEN:
SMT.DIVYA N.L. W/O HARISH M.R.
D/O N.LAKSHMANA RAO AGED ABOUT 22 YEARS R/AT BAGESHAPURA VILLAGE AND POST ARASIKERE TALUK HASSAN DISTRICT …PETITIONER (BY SRI GOVARDHANA V.S., ADVOCATE) AND:
SRI HARISH M.R.
S/O RANGANATHA RAO AGED ABOUT 35 YEARS R/AT SANJEEVININAGAR 3RD STAGE, HEGGANAHALLI CROSS VISHWANEEDAM POST BENGALURU – 560 091 ... RESPONDENT (VIDE ORDER DATED 18.06.2019 SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS CIVIL PETITION IS FILED UNDER SECTION 24 READ WITH SECTION 151 OF CPC PRAYING TO TRANSFER THE PETITION IN MC NO.4661/2013 IN THE COURT OF 5TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU HAS BEEN TRANSFERRED TO THE SENIOR CIVIL JUDGE AND JMFC AT ARASIKERE.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The marriage of petitioner and respondent was admittedly solemnized on 13.05.2007 at Arasikere. The respondent filed M.C.No.4661/2013 on the file of V Additional Principal Judge, Family Court, Bengaluru under Section 13 (i)(a) of Hindu Marriage Act, 1955 seeking dissolution of his marriage with the petitioner on the ground of cruelty. In that petition the respondent himself has stated that the petitioner is residing with her parents in Arasikere.
2. Petitioner is seeking transfer of M.C.No.4661/2013 to Arasikere Court on the ground that due to the cruelty and desertion of respondent she is residing in her parental house and she has no means to travel to Bengaluru to contest the case.
3. It is not the case of the respondent that the petitioner has any source of her own income. As already pointed out respondent admits that the petitioner is residing with her parents at Arasikere. Respondent did not contest this petition denying the grounds made out by the petitioner.
4. The petitioner has filed Crl.Misc.No.763/2013 against the respondent under the Protection of Women from Domestic Violence Act, 2005 and the said matter is pending before the Principal Civil Judge & J.M.F.C., Arasikere. In the said petition, she has sought for monetary relief, right of residence etc. .
5. Under these circumstances, the petitioner will not be able to contest M.C.No.4661/2013 at Bengaluru effectively due to her financial condition and it is just and expedient to grant transfer as prayed for.
6. The petition is allowed.
M.C.No.4661/2013 pending on the file of V Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Court of Senior Civil Judge & J.M.F.C., Arasikere for disposal in accordance with law.
Sd/- JUDGE KG