IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD CIVIL PETITION NO.94 OF 2018 BETWEEN :
SMT. DIVYARANI T.D.
WIFE OF VISHWAS ANCHALKAR S. DAUGHTER OF DAYANANDARAO (TAILOR) AGED ABOUT 26 YEARS RESIDING AT. M. THIMMAIAH STREET TARIKERE TOWN CHICKMAGALORE DISTRICT – 577 228 (BY SRI S.N.NAIK, ADVOCATE) AND :
SRI VISHWAS ANCHALKAR S.
SON OF. A.R.SATHYANARAYANA RAO AGED ABOUT 28 YEARS RESIDING AT. NO.G2, RNR APARTMENTS ASHOKPURAM MAIN ROAD 1ST MAIN ROAD SHRIKANTESHWARA NAGARA BENGALURU – 560086 PERMANENT RESIDENT AT:
C/O. RAMALINGA RAO MARUTI NALAYA, SAPTHAGIRI EXTENSION SIRA CITY, TUMKUR DISTRICT – 572137 (BY SRI. A. SAMPATH, ADVOCATE FOR ... PETITIONER ... RESPONDENT SRI R. NATARAJ, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING THIS HON’BLE COURT TO: I) TRANSFER THE M.C.NO.50/2017 PENDING BEFORE THE SENOR CIVIL JUDGE AND JMFC, SIRA, TUMKUR, TO SENIOR CIVIL JUDGE AND PRINCIPAL JMFC AT TARIKERE, CHIKMAGALUR DISTRICT, II) PASS ANY OTHER ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE ETC.
THIS CIVIL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the respondent, and perused the records.
2. This petition is filed by the wife seeking transfer of the petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 in M.C.No.50/2017 on the file of the Senior Civil Judge, Sira, Tumkuru District to the file of the Senior Civil Judge and Principal JMFC, Tarikere, Chikmagalur District.
3. The husband is a permanent resident of Sira City and is presently residing in Bengaluru, and even according to the details furnished by the husband – respondent in M.C.No.50/2017, the wife is permanent resident of Tarikere town.
4. The learned counsel for the respondent – husband submits that the petition in M.C.No.50/2017 could be withdrawn and transferred to the file of the Senior Civil Judge and Principal JMFC, Tarikere, Chickmagaluru District, and such Court be called upon to expedite the adjudication of the petition within a certain time line.
5. In the light of the fact that the wife is permanent resident of Tarikere and the request is made to transfer the petition to Senior Civil Judge and Principal JMFC, Tarikere, Chickmagalur, and as there is no objection by the respondent, the petition is allowed. The petition in M.C.No.50/2017 on the file of the Senior Civil Judge, Sira, Tumkuru District is withdrawn and transferred to the file of the Senior Civil Judge and Principal JMFC, Tarikere, Chickmagalur District. The parties shall be present before the Senior Civil Judge and Principal JMFC, Tarikere, Chikmagalur District, without notice of first hearing on 11.10.2019.
6. The Senior Civil Judge and Principal JMFC, Tarikere, Chickmagalur District is called upon to expedite the adjudication of the dispute without unnecessary adjournments.
7. Accordingly, the petition is allowed.
SD/-
JUDGE nvj