IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.62 OF 2016 BETWEEN:
J.P.Jyothi, W/o N.K.Paramesh, Aged about 30 years, R/o Javagal Village, Arsikere Taluk-573 103. …Petitioner (By Sri Jagadeesh.H.T, Adv.,) AND:
N.K.Paramesh, S/o Kadasiddashetty, Aged about 30 years, R/at Nittur Village, Salagame Hobli, Hassan Taluk-573 201, Hassan District. …Respondent (By Sri.S.N.Sreedhara and Amruthesh.N.P, Advs.,) **** This Civil Petition is filed under Section 24 of the Code of Civil Procedure praying to transfer M.C.No.147/2014 pending on the file of the Hon’ble Principal Judge, Family Court at Hassan to the Court of Hon’ble Senior Civil Judge and JMFC, Arsikere.
This petition coming on for Admission this day, the Court made the following:
ORDER Though this petition is listed for admission, the counsel for the petitioner has remained absent. No representation.
2. Heard the learned counsel for the respondent.
3. The petitioner is the wife and the respondent is the husband. They had married on 13.11.2011 at Javagal village. After marriage, both the petitioner and the respondent led marital life only for a few days. Thereafter, the respondent started harassing the petitioner. In this regard, a Police complaint was filed. Even after compromise, the respondent continued the same attitude, as a result of which, the petitioner was compelled to leave the house of the respondent. The petitioner filed a petition under Section 125 of Cr.P.C., which is numbered as C.Mis. 1210/2014 before the Principal Civil Judge and JMFC, Arsikere. As a counter blast, the respondent has filed M.C.No.147/2014, which is pending before the Principal Judge, Family Court, Hassan. However, C.Mis.1210/2014 came to be allowed and the respondent has preferred an appeal against the said order before the Senior Civil Judge, Arsikere.
4. It is the case of the petitioner that she is not financially capable to bear the cost of the Court proceedings and respondent is not paying the maintenance amount. Under these circumstances, she is finding it difficult to attend the Court proceedings before the Family Court, Hassan. In the event of transfer of the case from Family Court, Hassan to Senior Civil Judge and JMFC, Arsikere, it will be convenient to defend her case.
5. This Court had no opportunity to hear the submission of the learned counsel for the petitioner.
6. The learned counsel for the respondent submitted that the petitioner is residing in Javagal village which is at equidistance to both places, namely Hassan and Arsikere. The respondent is also a resident of Nittoor village which is in Hassan taluk. Now the case is posted for respondent’s evidence before the Family Court, Hassan. The respondent is ready to bear the traveling expenses of the petitioner in order to facilitate her in attending the Court proceedings at Hassan.
7. The grounds stated in the petition do not make out a case that the petitioner is in a disadvantageous position, which is preventing her from attending the Court proceedings at Hassan. The distance between Hassan and Javagal is only 42 kms. In addition to that, the counsel for the respondent has agreed to pay the traveling expenses to the petitioner, to enable her to attend the Court proceedings.
8. For the foregoing reasons, I am of the considered opinion that no valid grounds are made out for granting the relief.
Accordingly, the petition is dismissed.
The respondent is directed to pay the traveling expenses of Rs.5,000/- to the petitioner, within two weeks from the date of this order.
Sd/- JUDGE MGN*