IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.148 OF 2018 BETWEEN:
SMT. KALPANA B.K. @ CHETHANA W/O RAGHAVENDRA MAJJAGI C/O KALLESHAPPA B.B. HOUSEWIFE AGED ABOUT 30 YEARS RESIDING AT 13, OPPOSITE TO GOVERNMENT SCHOOL BASAPUR-DAVANAGERE TALUK DAVANAGERE DISTRICT … PETITIONER (BY SRI N.RAMAKRISHNA, ADVOCATE) AND:
RAGHAVENDRA @ JEEVAN HANUMANTHAPPA MAJJAGI AGED ABOUT 34 YEARS OCC: BUSINESS NEAR MAYAMMA TEMPLE RANEBENNUR HAVERI DISTRICT-581 115 ... RESPONDENT (BY SRI. SRIDHAR R., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO WITHDRAW AND TRANSFER THE PETITION IN M.C.NO.80/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., RANEBENNUR TO THE FAMILY COURT, DAVANAGERE.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The marriage of petitioner and respondent was solemnized on 07.02.2013 at Ranebennur. Out of the said wedlock, the couple have a daughter born on 02.11.2013. The marriage did not sail well. Therefore, petitioner is residing with her daughter in her parental house at Basapur, Davanagere Taluk.
2. The respondent has filed M.C.No.80/2016 against the petitioner before the Principal Senior Civil Judge, Ranebennur for dissolution of marriage on the ground of cruelty.
3. The petitioner is seeking transfer of M.C.No.80/2016 from the Court of Principal Senior Civil Judge, Ranebennur to the Family Court, Davanagere on the ground of her financial difficulty and that traveling to Ranebennur with the child to attend the case is detrimental to the interest of the child and causes hardship.
4. Learned counsel for the respondent concedes for the transfer with a condition that the petitioner shall co-operate for the early disposal of the case.
5. Having regard to the facts and circumstances of the case, it is just and expedient to transfer the case as prayed for.
6. Therefore, the petition is allowed.
M.C.No.80/2016 on the file of the Principal Senior Civil Judge and J.M.F.C., Ranebennur is hereby withdrawn and transferred to the Family Court, Davanagere for disposal in accordance with law expeditiously.
Sd/- JUDGE KG