IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.276 OF 2019 BETWEEN:
KAVYA SHREE P.M. D/O MAHANTHESH C. W/O PUNITH M.C. AGED ABOUT 30 YEARS R/AT NO.28, SRI NANDI NIVASA 3RD MAIN, 1ST CROSS, DEFENCE COLONY HESARAGHATTA MAIN ROAD BENGALURU – 560 097 … PETITIONER (BY SRI H.B.RUDRESH, ADV.) AND:
PUNITH M.C.
S/O CHANDRASHEKARAIAH M.N. AGED ABOUT 32 YEARS R/AT HONGANASU NILAYA 1ST FLOOR, 2ND CROSS BASAVESHWARA EXTENSION KYATHASANDRA, TUMKUR – 572 104 WORKING AT:
PUNITH M.C.
S/O CHANDRASHEKARAIAH AGED ABOUT 32 YEARS WORKING AT IQVIA AS SENIOR SOFTWARE ENGINEER OMEGA BLOCK, MARATHALLI SARJAPURA OUTER RING ROAD KAVERAPPA LAYOUT, KADUBEESANAHALLI EMBASSY TECH SQUARE BENGALURU – 560 103 ... RESPONDENT (BY SRI SAMEER S.N., ADV.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE M.C.NO.59/2019 PENDING BEFORE THE I ADDITIONAL FAMILY COURT, TUMKUR TO FAMILY COURT AT BENGALURU AND THE SAME MAY BE CLUBBED TO THE M.C.NO.4250/2019 PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU.
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 09.05.2016 at Nelamangala. The parties last resided together at Bengaluru. Due to some differences, now they are residing separately since more than one year.
2. The petitioner has filed M.C.No.4250/2019 against the respondent before the Principal Judge, Family Court, Bengaluru for restitution of conjugal rights.
3. The respondent has filed M.C.No.59/2019 against the petitioner before the I Additional Family Court, Tumkur for dissolution of marriage.
4. The petitioner is seeking transfer of M.C.No.59/2019 from the Family Court, Tumkur to Family Court Bengaluru on the ground of her hardship in traveling to Tumkur and financial constraints.
5. Learned counsel for the respondent submits that the respondent has no objection to transfer the case as prayed for.
6. Having regard to the submission of the learned counsel and the common question of law and facts are involved in M.C.No.59/2019 and M.C.No.4250/2019, to avoid conflicting decisions it would be just and expedient to withdraw and transfer the case as prayed for.
7. Therefore, the petition is allowed.
M.C.No.59/2019 pending on the file of the I Additional Family Court, Tumkur is hereby withdrawn and transferred to the Court of Principal Judge, Family Court, Bengaluru for disposal along with M.C.No.4250/2019 pending on the file of the said Court.
8. The Presiding Officer of the I Additional Family Court, Tumkur shall transmit the records of M.C.No.59/2019 to the Principal Judge, Family Court, Bengaluru forthwith.
9. It is submitted that M.C.No.4250/2019 is posted for hearing before the Principal Judge, Family Court, Bengaluru on 04.02.2020. To avoid any further delay the parties are directed to appear before the Principal Judge, Family Court, Bengaluru and take notice with regard to M.C.No.59/2019 also.
Sd/- JUDGE KG