IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.392 OF 2018 BETWEEN:
SMT J.M.NIVEDITHA, AGED ABOUT 28 YEARS, W/O SRI.G.E. NIRANJAN, D/O J.S. MOHAN, R/O NO.1737, GAYATHRI MANDIRA, BEHIND ADICHUNCHANAGIRI, KALYAN MANTAP, RAVINDRA NAGAR, HASSAN CITY-573201. …PETITIONER (BY R.B.DESHPANDE, ADVOCATE) AND:
SRI G.E.NIRANJAN, S/O ESHWAR G.S., AGED ABOUT 34 YEARS, R/O 3/98, ALANKAR HOUSE, NEAR COFFEE BOARD, DASWAL EXTENSION, MADIKERI, KODAGU DISTRICT-571201. ...RESPONDENT (BY SRI BIMBADHAR M.GOWDAR, ADVOCATE) **** THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING THIS HON'BLE COURT TO WITHDRAW AND TRANSFER M.C.NO. 40/2018 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND CJM MADIKERI TO THE COURT OF HON'BLE JUDGE, FAMILY COURT AT HASSAN HAVING JURISDICTION TO TRY SUCH CASES, IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Even though the civil petition is coming on for admission, in view of the memo filed by the learned counsel for the respondent heard arguments of the learned counsel for the petitioner on merits for final disposal.
2. The petitioner is before this court seeking transfer of M.C.No.40/2018 pending on the file of Senior Civil Judge and CJM, Madikeri to the court of Principal Judge, Family Court at Hassan.
3. Learned counsel for the respondent has filed a memo stating that the respondent has no objection to transfer the case of M.C No.40/2018 as prayed for and has further sought for direction to the transferee court to dispose of the said case within three months from the date of transfer for the reason that the parents of the respondent are seriously ill and they are unable to walk or move without the assistance of respondent and his mother is suffering from cancer.
4. Considering the memo filed by the learned counsel for the respondent, the civil petition is allowed.
M.C No.40/2018 pending on the file of Senior Civil Judge and CJM, Madikeri is ordered to be transferred to the Principal Judge, Family Court, Hassan with a direction to the transferee court to dispose of the case expeditiously.
5. Both parties are directed to appear before the Principal Judge Family Court, Hassan on 07.06.2019.
6. The registry is directed to send the intimation to the concerned court immediately for transmission of the records Sd/- JUDGE HR