IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION No.174/2018 BETWEEN:
SMT.K.M.MOULYA D/O K.M.MANJUNATHA W/O SATHYA M.G. @ SATHYANARAYANA AGED ABOUT 27 YEARS R/AT KYANAHALLI VILLAGE AND POST SAKLESHPURA TALUK HASSAN DISTRICT – 573 201 … PETITIONER (BY SRI GIRISH B.BALADARE, ADVOCATE) AND:
M.G.SATHYA @ SATHYANARAYANA S/O LATE GOPALA GOWDA AGED ABOUT 33 YEARS R/AT MAKONAHALLY VILLAGE AND POST MUDIGERE TALUK CHIKKAMAGALURU DISTRICT – 577 101 ... RESPONDENT (RESPONDENT - SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE MC NO.107/2017 WHICH IS PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT AT CHIKKAMAGALURU TO THE FAMILY COURT AT HASSAN.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner.
Respondent served. But no representation.
2. The marriage of the petitioner and the respondent was solemnized on 02.06.2014 in Sakaleshpur, Hassan District. Out of the marriage, they have son aged about 3 years. Due to some trouble in the marriage, the respondent filed M.C.No.107/2017 on the file of the Principal Judge, Family Court, Chikkamagaluru for dissolution of the marriage on the ground of desertion and cruelty.
3. The petitioner and her son filed Crl.Misc.No.907/2017 against the respondent before the IV Additional Civil Judge & J.M.F.C., Hassan under Section 125 of Cr.P.C. seeking maintenance.
4. The petitioner is seeking transfer of M.C.No.107/2017 from the Court of Principal Judge, Family Court, Chikkamagaluru to the Family Court, Hassan on the ground of financial hardship and hardship of traveling to Chikkamagaluru along with the tender aged child to attend to the matrimonial case at Chikkamagaluru.
5. The respondent has not appeared and controverted the ground urged by the petitioner. In the pleadings in M.C.No.107/2017, the respondent himself has admitted about the petitioner residing at Sakaleshpura Taluk, Hassan along with her child. The fact of she filing the case for maintenance further substantiates her claim of financial hardship.
6. Under the circumstances, the petitioner may not be able to contest M.C.No.107/2017 effectively in the Family Court, Chikkamagaluru.
7. Therefore, the petition is allowed.
M.C.No.107/2017 on the file of the Principal Judge, Family Court, Chikkamagaluru is hereby withdrawn and transferred to the Family Court at Hassan for disposal in accordance with law.
Sd/- JUDGE KSR