IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Mr. JUSTICE JOHN MICHAEL CUNHA CIVIL PETITION No. 185/2016 BETWEEN :
Smt. Neeta W/o. Ashwin Naik Aged about 31 years R/a. C/o. K.G. Naik No. 21/D, 59th A Cross 4 N Block, Rajajinagar Bangalore – 560 010. … PETITIONER (By Sri. Channabasappa S.N., Adv., ABSENT) AND :
Sri. Ashwin Naik S/o. Maruthi Naik Aged about 33 years R/a. Desaiwada Sadashivgad Now R/a. Thana Maharashtra – 400 601. … RESPONDENT (By Sri. Vighneshwar S. Shastri, Adv.) This Civil Petition is filed under Section 24 of CPC with a prayer to transfer the petition filed by the respondent in M.C. No. 23/2016 under Section 13(1), (i)(a) and (i)(b) of the Hindu Marriage Act pending on the file of Principal Senior Civil Judge and CJM at Karwar to be tried and decided before the Family Judge at Bangalore and etc.
This Civil Petition coming on for Admission this day, the Court passed the following;
O R D E R Learned counsel for the petitioner is absent.
2. Perused the petition. The petitioner has sought to transfer the petition filed by the respondent in M.C. No. 23/2016 pending on the file of Principal Senior Civil Judge and CJM at Karwar to the Court of Family Judge at Bengaluru.
3. In view of the mutual settlement arrived at by the parties in Mediation Centre vide settlement dated 21.12.2018 in M.C. No. 23/2016, learned counsel for respondent has no objection to allow the petition and transfer the proceedings in M.C. No. 23/2016 to the Court of Family Judge, Bengaluru, to enable the parties to settle the matter before the Family Court in terms of the aforesaid settlement.
3. In view of the said submission, the petition is allowed. Proceedings pending in M.C. No. 23/2016 on the file of Principal Senior Civil Judge and CJM at Karwar is withdrawn and transferred to the Family Court at Bengaluru.
4. Office is directed to send back the records to the trial Court along with the proceedings of mediation.
Sd/- JUDGE.
LRS.