IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL PETITION No.46 OF 2019 BETWEEN Smt. K.C.Kavitha, W/o. Raghavendra B.V., Aged about 29 years, R/at No.38, Kumbara Koppalu Village, Kasaba Hobli, K.R.Nagar Taluk, Mysuru District.
(By Sri. Vishwanatha A., Advocate for Sri. B.S.Nagaraj, Advocate) AND Sri. Raghavendra B.V., S/o. Veerabhadra K.V., Aged about 32 years, R/at No.14/2, 2nd Main, 13th Cross, B.K.Nagar, Yashavanthpura, Bengaluru-560022.
(By Sri. Srinatha B.V., Advocate for Sri. M.R.Nanjunda Gowda, Advocate) …Petitioner …Respondent This Civil Petition is filed under Section 24 of CPC, praying to pass an order transferring M.C.No.4479/2018 which pending on the file of VI Additional Prl. Judge Family Court at Bengaluru to the Court of Principal Civil Judge (Sr. Dvn) & CJM Court K.R.Nagar Mysuru District and etc.
This Civil Petition coming on for admission, this day, the Court made the following :
ORDER The petitioner is the wife of the respondent in M.C.No.4479/2018 pending on the file of 6th Addl. Prl. Judge, Family Court, Bengaluru. She has sought transfer of this case from Family Court, Bengaluru to the Court of Prl. Civil Judge, Senior Dv., K.R.Nagar, Mysore District.
2. Heard the petitioner’s counsel and the respondent’s counsel. It is stated that petitioner is residing at a village in K.R.Nagar Taluk, Mysore District and she cannot travel from her village to Bengaluru on every date of hearing to attend the case M.C.4479/2018. It is also stated that whenever she has to come to Bengaluru, somebody should also accompany her and thus she finds it difficult to attend the court at Bengaluru. It is also stated that she has filed an original suit O.S.No.376/2018 against the respondent at K.R.Nagar court and the respondent is attending that court and therefore respondent does not find it difficult to come to K.R.Nagar.
3. The learned counsel for the respondent submits that the petitioner is working at Bengaluru and she has given false reasons for seeking transfer. He also refers to a document to show that the petitioner is working at Bengaluru.
4. On perusal of the document which the respondent relies upon, it is found that this document does not in any way indicate that the petitioner is working at Bengaluru. It is only an email communication sent by the respondent to his father indicating his intention to go to USA. Therefore this document cannot be considered at all. The respondent is attending the court at K.R.Nagar in connection with the original suit filed by the petitioner and therefore if transfer of M.C.No.4479/2018 is given, it does not affect his interest in any way. In view of these reasons, the following order is passed.
i. Petition is allowed.
ii. M.C.No.4479/2018 pending on the file of 6th Addl. Prl. Judge, Family Court, Bengaluru is transferred to the court of Prl. Sr. Civil Judge, K.R. Nagar for disposal according to law. The records in M.C.No.4479/2018 shall be transmitted to the court of Prl. Sr. Civil Judge, K.R.Nagar.
iii. The parties shall appear at K.R.Nagar Court on 16.09.2019.
SD/- JUDGE sd