IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO. 68 OF 2019 BETWEEN:
SMT.MAHALAKSHMI H.S.
W/O DR.RAGHAVENDRA PRASAD D/O SRI SURESH AGED 32 YEARS R/AT 1/5, 1ST FLOOR 3RD MAIN ROAD RATHAN SINGH LAYOUT KAVALBYRASANDRA BANGALORE – 560 032 … PETITIONER (BY SHIVAKUMAR N., ADVOCATE) AND:
DR.RAGHAVENDRA PRASAD S/O SRI SOMASHEKAR BHAT AGED ABOUT 44 YEARS R/AT BANGARADKA HOUSE ARYAPUR VILLAGE PUTTUR, D.K. DISTRICT – 574 210 ... RESPONDENT (BY SRI SRIKANTH N.V., ADVOCATE FOR SRI SACHIN B.S., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE CASE IN MC NO.61/2018 BEFORE THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., PUTTUR, DAKSHINA KANNADA TO 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 16.11.2012 at Puttur. There was some trouble in the marriage.
2. The petitioner has filed Crl.Misc.No.42/2018 on the file of M.M.T.C.-I, Mayo Hall, Bengaluru under the Protection of Women from Domestic Violence Act, 2005 claiming the relief of protection, maintenance and compensation.
3. The respondent has filed M.C.No.61/2018 on the file of the Additional Senior Civil Judge and J.M.F.C., Puttur, Dakshina Kannada against the petitioner seeking dissolution of marriage on the ground of cruelty and desertion.
4. The petitioner seeks withdrawal and transfer of M.C.No.61/2018 to the Family Court, Bengaluru on the ground that she is residing with her parents at Bengaluru and due to her financial condition, she is not able to contest the petition in M.C.No.61/2018 at Puttur effectively.
5. Learned counsel for the respondent concedes for transfer of the case as prayed for. The fact that the petitioner residing at Bengaluru on filing the cases against the respondent is not denied. Under such circumstances, it is just and expedient to transfer the case as prayed for.
6. Therefore, the petition is allowed.
M.C.No.61/2018 pending on the file of the Additional Senior Civil Judge and J.M.F.C., Puttur, Dakshina Kannada is hereby withdrawn and transferred to the Court of the Principal Judge, Family Court, Bengaluru for disposal in accordance with law.
7. The Additional Senior Civil Judge and J.M.F.C., Puttur shall transmit the records forthwith to the Principal Judge, Family Court Bengaluru.
Parties shall appear before the Family Court Bengaluru on 06.12.2019 without any further notice.
Sd/- JUDGE KG