IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.18 OF 2019 BETWEEN:
SMT.N.B.SHASHIREKHA W/O H.O.MANOHARA D/O N.B.NAGARAJAPPA AGED ABOUT 25 YEARS HOUSE WIFE R/O DOOR NO.739 NEELAGUNDA VILLAGE HARAPPANAHALLI TALUK DAVANAGERE DISTRICT – 583 213 … PETITIONER (BY SRI GOPALAKRISHNA MURTHY C., ADVOCATE) AND:
H.O.MANOHARA S/O H.D.ONKARAMURTHY AGED ABOUT 30 YEARS AGRICULTURIST R/O HIRENALLUR VILLAGE AND POST HIRENALLUR HOBLI KADUR TALUK CHIKMAGALUR DISTRICT – 577 550 ... RESPONDENT (BY SRI SIDDHARTH B.MUCHANDI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO PASS AN ORDER DIRECTING TO TRANSFER M.C.NO.70/2018 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT KADUR TO THE SENIOR CIVIL JUDGE AND J.M.F.C., HARAPANAHALLI TO DECIDE IT ON MERITS AND PASS SUCH OTHER ORDERS.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The marriage of the petitioner and respondent was solemnized on 08.05.2016 at Hirenallur village, Kadur Taluk. Out of the marriage, the couple have a daughter. According to the petitioner, the child is aged one year.
2. The respondent has filed M.C.No.70/2018 against the petitioner before the Senior Civil Judge and J.M.F.C., Kadur seeking dissolution of the marriage on the ground of cruelty. Whereas petitioner has filed Crl.Misc.No.82/2019 against the respondent and his relatives before the Civil Judge and J.M.F.C., Harapanahalli under the Protection of Women from Domestic Violence Act, 2005 claiming the protection order, monetary relief, right of the residence etc.
3. The petitioner is seeking transfer of M.C.No.70/2018 from the Court of Senior Civil Judge, Kadur to the Court of Senior Civil Judge and J.M.F.C., Harapanahalli on the ground of financial crunch and that her traveling to Kadur affects the interest of the child and causes hardship to her.
4. Respondent opposes the petition on the ground that traveling to Harapanahalli causes hardship to him and he has no objection to transfer the case to Davanagere and he is ready to bear the expenses of the petitioner and her caretaker to travel to Davanagere.
5. The respondent does not claim that petitioner has any source of her own income. Further, the fact that she is required to take care of tender aged child is also not in dispute.
6. It is submitted that the distance between Neelagunda village and Davanagere is 57 kms. In the event of transfer of case to Davanagere, petitioner has to travel with her child a distance of 57 kms to and fro. Otherwise in her absence the child has to be left alone at home or under the care of somebody else.
Under such circumstances, the proposal to transfer the case to Davanagere is not found just.
7. Having regard to the facts and circumstances, it is just and expedient to transfer the case to Senior Civil Judge and J.M.F.C, Harapanahalli as prayed for.
8. Therefore, the petition is allowed.
M.C.No.70/2018 pending on the file of the Senior Civil Judge and J.M.F.C., Kadur is hereby withdrawn and transferred to the Court of Senior Civil Judge and J.M.F.C., Harapanahalli for disposal in accordance with law.
9. The learned Senior Civil Judge and J.M.F.C., Kadur shall transmit the records forthwith to the transferee Court. Parties shall appear before the Senior Civil Judge and J.M.F.C., Harapanahalli on 09.12.2019 without any further notice.
Sd/- JUDGE KG