IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION No.120/2018 BETWEEN:
SMT.K.S.SUSHMA W/O LOKESH D/O KALLAPPA AGED ABOUT 31 YEARS R/AT NO.607/A, “SREENIVASA NILAYA” 1ST FLOOR, 3RD MAIN ANJANEYA BADVANE DAVANAGERE CITY – 577 001 … PETITIONER (BY SRI V.B.SIDDARAMAIAH, ADVOCATE) AND:
SRI LOKESH S/O VEERAIAH AGED ABOUT 33 YEARS R/AT NO.101, ANANTH NILAYA 6TH MAIN, POSTAL COLONY BENGALURU – 560 094 PRESENTLY R/AT NO.42, RAJAJINAGAR, 1ST STAGE BENGALURU – 560 010 PERMANENT ADDRESS:
SRI MANJUNATHA SWAMY NILAYA NO.1610/B, 7TH CROSS VIDYA NAGAR, TIPTURU – 572 202 ... RESPONDENT (VIDE ORDER DATED 21.10.2019 SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT THROUGH PAPER PUBLICATION) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE CASE IN M.C.NO.5287/2017 PENDING ON THE FILE OF III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU, TO THE FAMILY COURT AT DAVANAGERE..
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Respondent served and unrepresented. Heard the learned Counsel for the petitioner.
2. The marriage of the petitioner and the respondent was solemnized on 07.04.2013 at Davanagere. Due to some trouble in the marriage, the respondent has filed M.C.No.5287/2017 against the petitioner before the III Additional Principal Judge, Family Court, Bengaluru seeking dissolution of the marriage on the ground of cruelty etc.
3. The petitioner has filed Crl.Misc.No.81/2018 against the respondent before the Family Court, Davanagere under Section 125 of Cr.P.C. seeking maintenance.
4. The petitioner is seeking transfer of M.C.No.5287/2017 from the Court of III Additional Principal Judge, Family Court, Bengaluru to the Family Court, Davanagere on the ground of financial hardship and hardship of traveling to Bengaluru from Davanagere to attend the matrimonial case and that she is not able to effectively contest the said petition.
5. The respondent himself in his petition has stated that the petitioner is residing with her parents at Davanagere. He filing Crl.Misc.No.81/2018 is also not in dispute. The marriage had taken place at Davanagere. Therefore, the major factor deciding the jurisdiction are in favour of the petitioner. The respondent does not impute any independent source of income to the petitioner.
6. Under the circumstances, the grounds urged by the petitioner are convincing. Therefore, the petition is allowed. M.C.No.5287/2017 pending on the file of III Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Family Court at Davanagere for disposal in accordance with law.
KSR Sd/- JUDGE