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.17 OF 2019 BETWEEN Mrs. Jyothi G., Aged about 43 years, W/o. Sri. K.M.Ramakrishna, Presently R/a No.291/1, 5th Cross, Weavers’ Colony, Gottigere Post, Bannerghatta Road, Bengaluru-560083.
(By Smt. B.S.Pushpavathi, Advocate) AND Sri. K.M.Ramakrishna, S/o. Late K.Malasetty @ K.Malaiah, Aged about 67 years, R/at No.128, ‘Shivakrupa Nilaya’, Navagraha Temple Road, Megalabeedi, Kanakapura Town-562117.
Ramanagara District.
(By Sri. Prakash Salmani, Advocate – Absent) …Petitioner …Respondent This Civil Petition is filed under Section 24 of CPC, praying this Court to transfer M.C.No.59/2018 pending in the Court of the Senior Civil Judge, Kanakapura to the Court of the Principal Judge, Family Court at Bengaluru where C.Misc.731/2018 is pending for consideration.
This Civil Petition coming on for admission this day, the Court made the following :
ORDER Heard the petitioner’s counsel. Respondent’s counsel is absent.
2. This Civil Petition is filed under Section 24 of Civil Procedure Code seeking transfer of M.C.No.59/2018 pending on the file of the Senior Civil Judge, Kanakapura to the Court of Principal Judge, Family Court, Bengaluru.
3. In the petition, it is stated that the petitioner has initiated proceeding under Section 125 of Criminal Procedure Code in Crl.Mis.No.721/2018 on the file of Family Court, Bengaluru. Divorce petition is going on at Kanakapura Court and she finds it difficulty to travel from Bengaluru to Kanakapura on account of her severe joint pain. Therefore transfer is sought.
4. Taking note of the fact that the respondent is attending the Court at Bengaluru in connection with maintenance proceedings, he does not find it difficulty to come to Bengaluru from Kanakapura. Taking these aspects into consideration, petition stands allowed.
M.C.No.59/2018 pending on the file of Senior Civil Judge, Kanakapura is ordered to be transferred to Family Court, Bengaluru for disposal according to law.
All the records in M.C.No.59/2018 shall be transmitted to Family Court, Bengaluru.
Divorce petition and the Maintenance petition shall be tried by the same Family Court at Bengaluru.
Sd/- JUDGE Kmv*