IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION No.27 OF 2019 BETWEEN:
N.A.ANIL KUMAR S/O R.ALLAPPA AGED ABOUT 33 YEARS R/AT NO.172, SRIMATRU KRUPA 8TH CROSS, GORUR ROAD TUMKUR TOWN TUMKUR DISTRICT – 572 101 … PETITIONER (BY SRI G.B.NANDISH GOWDA, FOR SRI R.B.SADASIVAPPA, ADVOCATES) AND:
SMT.S.V.SHYLAJA W/O N.A.ANIL KUMAR AGED ABOUT 33 YEARS R/AT NO.1239/1 OPP. POLICE QUARTERS SARJAPURA, ANEKAL HOBLI ANEKAL TALUK BANGALORE – 562 125 ... RESPONDENT (BY SRI SACHIN B.S., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE MATRIMONIAL CASE IN M.C.NO.60/2017 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL DISTRICT TO THE HON’BLE COURT OF PRINCIPAL FAMILY JUDGE AT BENGALURU.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri G.B.Nandish Gowda, learned Counsel for Sri R.B.Sadasivappa submits that he has filed power for the petitioner with ‘no objection certificate’ of Sri Dilraj Rohit Sequeira. His vakalat is taken on record.
2. Learned Counsel for the respondent concedes to allow the petition.
3. The marriage of the petitioner and the respondent was solemnized on 19.10.2014 at Bengaluru. Due to the differences between the parties, the petitioner filed M.C.No.43/2016 against the respondent before the Family Court, Tumkuru seeking dissolution of marriage. The respondent has filed M.C.No.60/2017 against the petitioner before the Senior Civil Judge, Anekal, Bengaluru Rural District, Bengaluru.
4. The contentions of the parties in both cases have bearing on each other. It would be convenient for the parties, if the cases are conducted before the same Court. That avoids conflicting decisions, saves time and resources of parties and Court. Therefore, it is just and expedient to withdraw and transfer the case as prayed for.
5. The petition is allowed. M.C.No.60/2017 pending on the file of the Senior Civil Judge and J.M.F.C., Anekal, Bengaluru Rural District, Bengaluru is withdrawn and transferred to the Principal Judge, Family Court, Bengaluru for hearing along with M.C.No.43/2016 which is now renumbered as M.C.No.1501/2018 in accordance with law.
Sd/- JUDGE KSR