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.208 OF 2019 BETWEEN:
SMT.NAVYA B.N.
W/O SRI M.R.JAGADISH D/O SRI NARASE GOWDA AGED ABOUT 35 YEARS NO.18, JANANI, 3RD FLOOR 5TH MAIN ROAD, 1ST CROSS SHANKARA NAGARA NANDINI LAYOUT BANGALORE – 560 095 … PETITIONER (BY SRI RAMESH P.KULKARNI, ADVOCATE) AND:
SRI M.R.JAGADISH LEAD SYSTEM ANALYST S/O SRI RAMEGOWDA AGED ABOUT 38 YEARS FIDELITY INVESTMENTS INTERMEDIATE RING ROAD EMBASSY GOLD LINKS CHALLAGHATTA, BANGALORE KARNATAKA – 560 071 ... RESPONDENT (BY SRI HARSHA KUMAR GOWDA H.R., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE CASE IN MC NO.3/2019 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., NAGAMANGALA TO 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 12.12.2013 at Tiptur. Out of the marriage the parties have a daughter born on 12.01.2015.
2. The respondent has filed M.C.No.3/2019 against the petitioner on the file of the Senior Civil Judge and J.M.F.C., Nagamangala for restitution of conjugal rights.
3. The petitioner has filed complaint before HAL Police Station, Bengaluru against the respondent alleging the cruelty and violence.
4. The petitioner and her child are residing with her parents at Bengaluru. She is seeking transfer of M.C.NO.3/2019 from the Senior Civil Judge and J.M.F.C., Nagamangala to Principal Judge, Family Court, Bengaluru on the ground that due to her financial condition and hardship in traveling to Nagamangala with the child, she is not able to contest M.C.No.3/2019 effectively which causes injustice to her.
5. The fact of the petitioner having a child aged four years and petitioner and her child residing at Bengaluru are undisputed. So also the fact of she filing complaint against the petitioner in Cr.No.531/2018 against the respondent in HAL Police Station is not disputed. The respondent himself in M.C.No.3/2019 has stated that after the marriage himself and petitioner last resided together at Bengaluru due to his avocation.
6. Therefore, all the three factors contemplated under Section 19 of the Hindu Marriage Act, 1955 to bring the case before the Family Court, Bengaluru are in favour of the petitioner.
7. Under the circumstances, the grounds urged by the petitioner that she may not be able to contest the petition M.C.No.3/2019 effectively before Nagamangala Court has force. Therefore, it is just and expedient to grant transfer the case as prayed for.
8. The petition is allowed. M.C.No.3/2019 pending on the file of the Senior Civil Judge and J.M.F.C., Nagamangala is hereby withdrawn and transferred to the Principal Judge, Family Court, Bengaluru for disposal in accordance with law.
9. The Senior Civil Judge, Nagamangala shall transmit the records of the case forthwith to the Principal Judge, Family Court, Bengaluru. Parties shall appear before the Family Court Bengaluru on 07.12.2019 without any further notice.
In view of the disposal of the petition, I.A.No.1/2019 stood disposed of.
Sd/- JUDGE