IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL PETITION No.150 OF 2018 BETWEEN Smt. Komala V., W/o. Sri. Prasanna, Aged about 31 years, R/at Raja Bhovi Colony, Near K.S.R.T.C. Bus Stand, Chinthamani, Chikkaballapura District-563125.
(By Sri. G.M.Srinivasa Reddy, Advocate) AND Sri. Prasanna M, S/o. Sri. Munivenkatappa, Aged about 38 years, Residing at Raja Bhovi Colony, Madhigiri Town, Tumakuru District-5721323.
…Petitioner …Respondent (By Sri. B.V.Manjunatha Gowda, Advocate-absent) This Civil Petition is filed under Section 24 of CPC, praying to transfer M.C.No.56/2017 filed by the respondent against the petitioner herein, which is pending on the file of court of Additional Senior Civil Judge and JMFC, Madhugiri to the Court of Principal Civil Judge and JMFC, Chintamani and etc.
This Civil Petition coming on for admission, this day, the Court made the following :
ORDER Heard the petitioner’s counsel. The respondent’s counsel is absent.
2. The petitioner is the respondent in M.C.No.56/2017 on the file of Addl. Sr. Civil Judge and JMFC, Madhugiri. She has sought transfer of this case from Madhugiri to Chintamani. She has stated that her petition C.Misc.190/2014 filed against the respondent for maintenance is pending at Chintamani court. She is residing at Chintamani with her parents. She cannot travel from Chintamani to Madhugiri to attend the court in connection with M.C.56/2017. She and her son are dependants on her parents and she cannot meet the traveling expenses also.
3. The reasons given by the petitioner for transfer of the case are not contradicted by the respondent. These reasons can be considered for giving transfer. Being a women she finds it difficult to travel from Chintamani to Madhugiri. Therefore the petition is allowed. M.C.No.56/2017 pending on the file of Addl. Sr. Civil Judge and JMFC, Madhugiri is transferred to the court of Prl. Senior Civil Judge and JMFC, Chintamani for disposal according to law. The records in M.C.No.56/2017 be transmitted to the court of Prl. Senior Civil Judge and JMFC, Chintamani.
SD/- JUDGE sd