IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS.JUSTICE K.S.MUDAGAL CIVIL PETITION NO.306 OF 2019 BETWEEN:
K. S. BADRINATH, S/O SRINIVASA RAO, AGED ABOUT 53 YEARS, BUSINESSMAN, C/O K. S. SRINATH, R/O BASAVESHWARA ROAD, NEAR ST.MERY’S SCHOOL, CHAMUNDIPURAM, MYSORE-570 004. …PETITIONER (BY SRI KUMARA K.G., ADVOCATE) AND:
HEMAMALINI, W/O K. S. BADRINATH, AGED ABOUT 43 YEARS, HOME MAKER AND TEMPORARY TEACHER, R/O 2891/1 BASAVESHWARA ROAD, NEAR ST.MERYS SCHOOL, CHAMUNDIPURAM, MYSORE-570004.
C/O SMT SUDHA JAGANNATH, SRI NIVASA, D.NO.70, 2ND CROSS, JAYANAGARA, SHIMOGGA CITY-577 201.
... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC PRAYING TO ORDER FOR TRANSFER OF M.C.NO.240/2018 PENDING N THE FILE OF THE DISTRICT JUDGE, FAMILY COURT, SHIMOGGA, TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, MYSURU.
THIS CIVIL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is the husband of the respondent. Their marriage was solemnized on 27.05.1998 at Shivamogga. Out of the said marriage, couple had two daughters.
2. The respondent has filed M.C.No.240/2018 on the file of the Principal Judge, Family Court, Shivamogga, for dissolution of marriage on the ground of cruelty and desertion. Petitioner is seeking transfer of said case from Family Court, Shivamogga to the Family Court, Mysuru on the ground that himself and respondent both are residing at Mysuru and it will be convenient for them to conduct the case at Mysuru.
3. Respondent does not contest the petition denying the grounds urged. Petitioner has produced the certified copy of the deposition of the respondent recorded in M.C.No.240/2018 before the Family Court, Shivamogga, wherein she has deposed that for the past 20 years, she resided at Mysuru and presently also she is residing at Mysuru.
4. She has also admitted that their one daughter is studying engineering in JSS College, Mysuru and the other daughter is studying in fifth standard in the school in Mysuru where respondent is working as teacher.
5. Under the circumstances, transfer of the matter helps both the parties and it is just and expedient to grant transfer as prayed for. Therefore, this civil petition is allowed.
6. M.C.No.240/2018 pending on the file of the Principal Judge, Family Court, Shivamogga is hereby withdrawn and transferred to the Court of Principal Judge, Family Court, Mysuru, for disposal in accordance with law.
Sd/- JUDGE PKS