IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL PETITION No.24 OF 2019 BETWEEN Smt. Latha L, W/o. Puneeth T.R., Aged about 29 years, R/at No.227, 5th Main, M.S.Ramaiah Enclave, 8th Mile, Tumkur Road, Hesaraghatta Cross, Bengaluru-560073.
(By Sri. Naveen Reddy M.V., Advocate) AND Sri. Puneeth T.R., S/o. Revanna, Aged about 32 years, R/at No.226, 1st Division, 5th Ward, Vidyanagar Area, Near Play Ground, Turuvekere Town-572227, Turuvekere Taluk, Tumkur District.
(By Sri. Puttanarasegowda, Advocate-Absent) …Petitioner …Respondent This Civil Petition is filed under Section 24(1)(b)(ii) of CPC, praying to pass an order to transfer the petition filed by the respondent herein in M.C.No.47/2018 pending on the file of Senior Civil Judge and JMFC at Turuvekere to the III Additional Principal Judge, Family Court at Bengaluru wherein the petition filed by the petitioner herein in M.C.No.3194/2015 is pending for consideration and etc.
This Civil Petition coming on for admission, this day, the Court made the following :
ORDER Heard the petitioner’s counsel. Respondent’s counsel is absent.
2. The petitioner being the wife of the respondent has sought transfer of M.C.47/2018 pending on the file of Sr. Civil Judge &JMFC, Tuvuvekere to the Family Court, Bengaluru. In the petition it is stated that her petition for restitution of conjugal rights M.C.No.3194/2015 is pending on the file of III Addl. Prl. Judge, Family Court, Bengaluru. She is residing at Bengaluru along with her parents and has got a minor child Kum. Aishwarya P. The respondent had earlier filed M.C.21/2015, a petition for restitution of conjugal rights in the court of Sr.Civil Judge and JMFC, Turuvekere. The petitioner sought transfer of that case to Bengaluru by filing C.P.106/2016 before this court. At that time the respondent filed a memo stating that he wanted to withdraw his petition i.e., M.C.No.21/2015 and therefore the petitioner also withdrew C.P.No.106/2016. Thereafter the respondent filed another petition for divorce i.e., M.C.47/2018 in the court of Sr.Civil Judge & JMFC, Turuvekere. It is therefore stated that the petitioner finds it difficult to travel to Turuvekere in connection with the said divorce proceeding. Since her petition for restitution of conjugal rights is already pending at Bengaluru and that the respondent is attending the case in Bengaluru court, it is stated that the respondent does not find it difficult to attend the case in connection with divorce petition if transfer is given.
3. The statements made by the petitioner have remained un-contoverted. Having regard to the grounds taken by the petitioner for transfer, I am of opinion that this petition can be allowed and hence the following :
i. Petition is allowed.
ii. M.C.No.47/2018 pending on the file of Sr. Civil Judge and JMFC, Turuvekere is withdrawn from that court and transferred to Family Court, Bengaluru for disposal according to law.
iii. The records in M.C.No.47/2018 shall be transmitted to Family Court, Bengaluru.
Sd/- JUDGE sd