IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.2 OF 2016 BETWEEN:
SMT.MANJULA L. W/O PRAKASH P.
AGED ABOUT 32 YEARS R/AT GIDAGANAHALLI MANCHENAHALLI HOBLI GOWRIBIDANUR TALUK CHIKABALLAPURA DISTRICT … PETITIONER (BY SMT.KALPANA P.V., ADVOCATE) AND:
SRI PRAKASH P. S/O SRI PILLAPPA AGED ABOUT 38 YEARS R/AT NO.8, GOKULNAGAR 3RD CROSS, DODDAKALLASANDRA KANAKAPURA MAIN ROAD BANGALORE – 62 ... RESPONDENT (BY SRI N.R.NAIK, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE CASE IN MC NO.3006/2015 PENDING BEFORE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO CIVIL JUDGE, SR.DN. GAURIBIDANUR.
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 08.05.2000 at Bengaluru. After the marriage, petitioner filed Crl.Misc.No.33/2007 on the file of Principal Civil Judge & J.M.F.C., Gouribidanur under Section 125 of Cr.P.C., for maintenance on the ground that the respondent having sufficient means willfully neglected to maintain her. That petition was allowed on 23.08.2010.
2. Thereafter, she filed Crl.Misc.No.189/2012 before J.M.F.C., Gouribidanur against the respondent seeking enforcement of the order passed in Crl.Misc.No.33/2007. That matter is still pending. She further filed P.C.R. No.139/2014 on the file of Civil Judge & J.M.F.C., Gouribidanur seeking prosecution of the respondent for the offence of bigamy punishable under Section 494 of IPC. The respondent is facing trial in the said case.
3. Thereafter, respondent has filed M.C.No.3006/2015 against the petitioner seeking dissolution of marriage on the ground of cruelty and desertion.
4. Petitioner seeks transfer of the said petition to the Court of Senior Civil Judge, Gouribidanur on the ground of her financial un-affordability and hardship in traveling to Bengaluru to attend the said case.
5. The award for maintenance in Crl.Misc No.33/2007 shows that the petitioner is unable to maintain herself and she is residing with her parents in Gouribidanur.
6. Under such circumstances, the contention that she is not able to contest M.C.No.3006/2015 effectively in the Family Court before Bengaluru is acceptable.
7. Therefore, petition is allowed.
M.C.No.3006/2015 on the file of the Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Court of Senior Civil Judge, Gouribidanur for disposal in accordance with law.
Sd/- JUDGE KG