IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CIVIL PETITION NO.14/2016 BETWEEN SMT. H. K. JALAJAKSHI @ VANI, W/O K. ASHOK RAJ URS, D/O KESHAVA RAJ URS, AGED ABOUT 29 YEARS, R/O HOSAKOPPA VILLAGE, GUDEHALLI POST, HONNALI TALUK, DAVANAGERE DIST-577 217 ... PETITIONER (BY SRI. MANJUNATHA V. RAYAPPA, ADV.) AND SRI. K. ASHOK RAJ URS, S/O N. KRISHNARAJU, AGED ABOUT 35 YEARS, R/O NO.586, 9TH MAIN, 8TH CROSS,COFFEE BOARD LAYOUT, HEBBALA KEMPAPURA, BENGALURU-560 024 ... RESPONDENT (BY SRI. MANJUNATHA V. RAYAPPA, ADV.) THIS CIVIL PETITION IS FILED U/S 24 OF CPC, PRAYING THIS HON'BLE COURT TO TRANSFER OF MC NO. 2533/2015 PENDING BEFORE THE 1ST ADDL. PRL. JUDGE, FAMILY COURT AT BENGALURU TO THE SENIOR CIVIL JUDGE & JMFC AT HARIHARA, DAVANAGERE DISTRICT.
ORDER Heard. Perused the records. The petitioner is the wife and respondent is the husband.
2. The husband has filed a petition for Divorce in M.C. No.2533/2015 on the file of the Principal Family Judge at Bengaluru. The petitioner – wife is the resident of Harihara in Davanagere District. She has explained her difficulties to travel from Harihara to Bengaluru which is at a distance of 300 kms. though the respondent is ready to pay some amount, she is not in a position to travel alone from Harihara to Bengaluru.
3. Under the above said facts and circumstances of the case, the husband is gainfully employed and if the matter is transferred from Bengaluru to Harihara, no such prejudice or inconvenience is caused to the petitioner. On the other hand, it would facilitate the parties to proceed with the matter as expeditiously as possible.
In the above said circumstances, I do not find any strong reasons to reject the petition and pass the following:
ORDER The Petition is allowed. MC No.2533/2015 pending on the file of the I Addl. Prl. Judge, Family Court, Bengaluru, filed by the husband, is hereby withdrawn and the same is transferred to the Senior Civil Judge & JMFC, Harihara in Davanagere District. The transferor court is directed to transmit the entire record to the transferee court. The Transferee court is hereby directed to secure the presence of the parties and proceed with the case in accordance with law.
Sd/-
JUDGE PL*