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.33 OF 2019 C/W. CIVIL PETITION NO.34/2019 BETWEEN:
VISHALAKSHI, W/O.KUMAR, AGED ABOUT 35 YEARS, RESIDING AT GORAVANHALLI VILLAGE, KASABA HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT – 573 102.
NOW RESIDING AT:
VISHALAKSHI, W/O.KUMARA, AGED ABOUT 35 YEARS, RESIDING AT #21, BELAKU NILAYA, 1ST CROSS, SAGAR LAYOUT, DEVARA CHIKKANAHALLI, BANNERGATTA ROAD, BENGALURU – 560 076.
(BY SRI RAJU C.N., ADVOCATE) …PETITIONER (COMMON) AND:
KUMAR S/O.RUDREGOWDA, AGED ABOUT 45 YEARS, R/AT DARIKONGALALE VILLAGE, MASARANGALA POST, MALLIPATNA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT – 573 102.
ALSO WORKING AT:
KUMARA, S/O.RUDREGOWDA, AGED ABOUT 45 YEARS, WORKING AS BMTC CONDUCOR, BIL NO.2371, 14TH DEPOT, R.T.NAGAR, BENGALURU – 560 089.
... RESPONDENT (COMMON) (BY SRI MADHUKAR M.DESHPANDE, ADVOCATE) CIVIL PETITION NO.33/2019 IS FILED UNDER SECTION 24 CPC PRAYING TO ALLOW THE PETITION AND THEREBY ORDER FOR TRANSFER OF M.C.NO.8/2013 WHICH IS PENDING IN THE COURT OF SENIOR CIVIL JUDGE AND JMFC., ARKALGUDU TO THE FAMILY COURT, BENGALURU AND ETC.
CIVIL PETITION NO.34/2019 IS FILED UNDER SECTION 24 CPC PRAYING TO ALLOW THE PETITION AND THEREBY ORDER FOR TRANSFER OF M.C.NO.24/2017 WHICH IS PENDING IN THE COURT OF SENIOR CIVIL JUDGE AND JMFC., ARKALGUDU TO THE FAMILY COURT, BENGALURU AND ETC.
THESE CIVIL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Since these two matters are connected to each other, they are taken up together for final disposal.
2. Wife is the petitioner in both these petitions. Petitioner and the respondent were married on 07.07.2010 at Arakalagudu. The marriage did not sail well.
3. Petitioner has filed M.C.No.8/2013 on the file of the Senior Civil Judge, Arakalagudu for restitution of conjugal rights. The respondent – husband has filed M.C.No.24/2017 on the file of the Senior Civil Judge, Arakalagudu for dissolution of marriage on the ground of cruelty.
4. Petitioner filed these petitions seeking transfer of both the aforesaid cases from the Court of Senior Civil Judge, Arakalagudu, to the Family Court, Bengaluru, on the ground that now she is residing with her brother at Bengaluru. She claims that due to violence inflicted on her by the respondent, she has filed criminal case against him and her safety is at risk in traveling to Arakalagudu to attend the aforesaid cases. Therefore, she seeks transfer of the aforesaid cases.
5. Learned counsel for the respondent submits that by fixing the time limit, both the cases may be transferred to the Family Court, Bengaluru, as prayed for.
6. Having regard to the submissions and considering the facts and circumstances of the case, both the petitions are allowed.
7. M.C.No.8/2013 and M.C.No.24/2017 pending on the file of the Senior Civil Judge & JMFC., Arakalagudu are hereby withdrawn and transferred to the Court of Principal Judge, Family Court, Bengaluru, for disposal in accordance with law.
8. The Senior Civil Judge, Arakalagudu, shall transmit the records to the Principal Judge, Family Court, Bengaluru without any delay. Without expecting any further notice, parties shall appear before the said Court on 27.11.2019.
9. The Principal Judge, Family Court shall dispose of the matters as expeditiously as possible, at any rate, within a period of six months from the date of appearance of the parties.
In view of disposal of the petitions, I.A.1/2019 stood disposed of.
Sd/- JUDGE PKS