IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL PETITION No.133 OF 2019 BETWEEN Smt. Harshitha S. @ Mohan Kumari S., W/o. Sri. Madhusudhan S.
@ Manikantaswamy, D/o. Sri. Sathyanarayan N., Aged about 29 years, R/at No.1125, 2nd Cross, Bhavani Road, Ittegegudu, Mysuru City-570010.
(By Sri. V.Rangaramu, Advocate) AND Sri. Madhusudhan @ Manikantaswamy, S/o. Sanjeevamurthy, Aged about 37 years, R/at Nitturu, Kodihalli, Halaguru, Hobli, Malavalli, Taluk, Mandya District-571421.
Presently Working at Sphera Solutions Ltd., As Senior Software Engineer No.121, 6th Floor, Dickenson Road, Bengaluru-560042.
(Respondent - served unrepresented) …Petitioner …Respondent This Civil Petition is filed under Section 24 of CPC, praying to withdraw the petition in M.C.No.11/2019 from the Court of the Senior Civil Judge and JMFC at Malavalli and to transfer the same to the Court of I Additional Family Judge at Mysuru in which the petitioner’s petition Crl.Mis.No.118/2019 is pending for consideration between the same parties and etc.
This Civil Petition coming on for admission this day, the Court made the following :
ORDER Heard the petitioner’s counsel. Respondent has not entered appearance in spite of service of notice on him.
2. This Civil Petition is filed under Section 24 of Civil Procedure Code seeking transfer of M.C.No.11/2019 pending on the file of the Senior Civil Judge, Malavalli to the Court of I Additional Principal Judge, Family Court, Mysuru.
3. The petitioner has stated that she has initiated proceeding under Section 125 of Criminal Procedure Code in Crl.Mis.No.118/2019 against the respondent. After filing of this maintenance petition, the respondent filed M.C.No.11/2019 for restitution of conjugal rights in the Court of the Senior Civil Judge at Malavalli. The petitioner states that, she has no source of income and all that she is getting is Rs.10,000/- per month by working as a part time lecturer. She alone cannot travel from Mysuru to Malavalli to attend the case. The petitioner’s counsel now submits that when she went to Malavalli on last occasion, the respondent made galata and tried to beat her. Therefore she has scared to go to Malavalli.
4. Taking note of the above circumstances and also another fact that the respondent is attending the Court at Mysuru in connection with maintenance proceedings, M.C.No.11/2019 can be transferred from Malavalli to Mysuru. Hence the petition stands allowed.
M.C.No.11/2019 pending on the file of Senior Civil Judge, Malavalli is ordered to be transferred to I Additional Principal Judge, Family Court, Mysuru for disposal according to law.
All the records in M.C.No.11/2019 shall be transmitted to Family Court, Mysuru.
Sd/- JUDGE Kmv*