IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA CIVIL PETITION NO.75/2016 C/W CIVIL PETITION NO.294/2015 IN CIVIL PETITION NO.75/2016 BETWEEN:
SMT.J.SHANTHI KUMARI, W/O K.S.PARASU RAMUDU, AGED ABOUT 27 YEARS, R/O C/O BALAKESHAVA, NO.25, 4TH CROSS, EJIPURAM, VIVEKNAGAR, BANGALORE – 560 047. ... PETITIONER (BY SRI GIREESHA.J.T, ADV.) AND:
K.S.PARASU RAMUDU, AGED ABOUT 30 YEARS, S/O SESHAGIRI, WATCHMAN LINE, MARIKUPPAM POST, KGF – 563 110. ... RESPONDENT (BY SRI T.SRINIVASAN, ADV.) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO ALLOW THE PETITION AND THEREBY ORDER FOR TRANSFER MC NO.52/2015 WHICH IS PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE & PRL. JMFC, KOLAR TO THE FAMILY COURT AT BENGALURU AND SUCH OTHER RELIEFS AS THIS COURTS DEEMS FIT IN THE FACTS AND CIRCUMSTANCE OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY.
IN CIVIL PETITION NO.294/2015 BETWEEN:
SMT.J.SHANTHI KUMARI, W/O K.S.PARASU RAMUDU, AGED ABOUT 27 YEARS, R/O C/O BALAKESHAVA, NO.25, 4TH CROSS, EJIPURAM, VIVEKNAGAR, BANGALORE – 560 047. ... PETITIONER (BY SRI GIREESHA.J.T, ADV.) AND:
K.S.PARASU RAMUDU, AGED ABOUT 30 YEARS, S/O SESHAGIRI, WATCHMAN LINE, MARIKUPPAM POST, KGF – 563 119. ... RESPONDENT (BY SRI T.SRINIVASAN & SRI R.MANJUNATH, ADVs.) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO ALLOW THE PETITION AND THEREBY ORDER FOR TRANSFER G & WC NO.10/2015 WHICH IS PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, KOLAR, TO THE FAMILY COURT AT BENGALURU AND SUCH OTHER RELIEFS AS THIS COURTS DEEMS FIT IN THE FACTS AND CIRCUMSTANCE OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THESE CIVIL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court seeking that the petition in M.C.No.52/2015 and G & W.C.No.10/2015 be withdrawn from the Court of the Senior Civil Judge and JMFC, Kolar and the Court of Principal District and Sessions Judge, Kolar respectively and the same be transferred to the Family Court at Bengaluru.
2. The petitioner in both these petitions is the wife of the respondent. Due to certain disputes in their married life, they are residing separately. The respondent-husband has instituted the petition under Section 10(1)(i) of the Indian Divorce Act before the Court at Kolar. Similarly, a petition under Sections 7, 8 and 10 of the Guardian and Wards Act is also initiated by the respondent-husband before the Court at Kolar.
3. The petitioner-wife is before this Court contending that she is presently residing with her parents at Bengaluru and it would not be possible for her to travel to Kolar on every hearing date to effectively defend the petitions, more particularly in a circumstance when the minor child is residing with her. In that light, the petitioner-wife seeks that the said proceedings be transferred to the Family Court at Bengaluru. Insofar as the respondent-husband is concerned, it is the accepted position that he is employed in the Defense Forces and in any event is not presently residing at Kolar.
4. In that view, taking into consideration the convenience of the parties, the prayer made in these petitions is liable to be granted. Accordingly, it is directed that the petition in M.C.No.52/2015 and the petition in G & W.C.No.10/2015 pending before the Court of the Senior Civil Judge and JMFC, Kolar and in the Court of Principal District and Sessions Judge, Kolar respectively be withdrawn and the same be transferred to the Family Court at Bengaluru.
5. On the petitions being transferred, the Family Court at Bengaluru shall proceed with the matter in accordance with law. However, for the purpose of appearance, the parties shall appear before the Court of Principal Judge, Family Court at Bengaluru on 20.03.2017 as the first date without issue of fresh notice.
Petitions are accordingly disposed of. In view of disposal of the petitions, I.A.No.1/2016 is also disposed of.
Sd/- JUDGE ST