IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA CIVIL PETITION NO.314/2016 BETWEEN:
NANDITHA @ NAGARATHNA, AGED ABOUT 31 YEARS, W/O.G.PRASAD, D/O.MUKUNDA POJOR, R/O. KOLUR VILLAGE, BHALEGADDE, KUNDAPURA TALUK-576 227, UDUPI DISTRICT. ... PETITIONER (BY SRI P.N.HARISH, ADV.) AND:
G.PRASAD, AGED ABOUT 31 YEARS, S/O.PUTTUSWAMY, R/O.CHIKKAJOGIHALLI VILLAGE, SHIKARIPURA TALUK-577 423, SHIVAMOGGA DISTRICT. ... RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO WITHDRAW THE CASE BEARING NUMBER M.C.NO.47/2016 FROM THE FILE OF HON’BLE SENIOR CIVIL JUDGE & JMFC SHIKARIPURA AND TRANSFER TO THE FILE OF HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND MATRIMONIAL COURT, KUNDAPURA BY ALLOWING THIS PETITION WITH COSTS IN THE ENDS OF JUSTICE.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court seeking that the petition in M.C.No.47/2016 pending on the file of the Senior Civil Judge and JMFC, Shikaripura be withdrawn and be transferred to the Court of the Senior Civil Judge, Kundapura.
2. The petitioner is the wife of the respondent. Due to certain disputes in their married life, they are residing separately. The respondent-husband has filed the petition under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 seeking dissolution of marriage before the Court at Shikaripura. The petitioner herein, who is the respondent in the said petition is before this Court pleading her difficulty in effectively defending the petition, if the same is continued in the Court at Shikaripura. It is in that view, the petitioner is seeking transfer of the petition.
3. Though notice of this petition was ordered to the respondent and he is served, the respondent has not chosen to appear and oppose this petition.
4. In that light, a perusal of the petition papers would disclose that the marriage of the parties was solemnized on 05.06.2006 at Kollur Village, Bhalegadde, Kundapura Taluk, Udupi District. If that be the position, the Court at Kundapura would have jurisdiction to entertain the petition. That apart, in the very petition filed by the respondent herein in M.C.No.47/2016, the address of his wife, i.e., the petitioner herein is shown as Bhalegadde, Kundapura Taluk. If that be the position, when the petitioner is presently residing with her parents at Kundapura Taluk, it would not be possible for her to travel on every hearing date to effectively defend the petition before the Court at Shikaripura. Hence, the prayer as made in the petition is liable to be granted.
5. Accordingly, it is ordered that the petition in M.C.No.47/2016 be withdrawn from the file of the Senior Civil Judge and JMFC, Shikaripura and the same be transferred to the Court of the Senior Civil Judge, Kundapura. The transferee Court shall on receipt of the papers, issue notice to the parties and thereafter proceed further in accordance with law.
The petition is accordingly disposed of.
Sd/- JUDGE ST