IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL PETITION No.28 OF 2016 BETWEEN Smt. Nethravathi @ Rukmini W/o. Harisha, D/o. Krishnappa, Aged about 34 years, R/at Tevadahalli Village, Moodalahippe Post, Holenarasipura Taluk, Hassan District.
(By Sri. M.V.Anil Kumar, Advocate) AND Sri. Harisha, S/o. Kallegowda, Aged about 37 years, R/at No.206/A, 6th Main, 1st Stage, 6th Phase, Mahaganapathinagara, Bengaluru-44.
(Respondent - served unrepresented) …Petitioner …Respondent This Civil Petition is filed under Section 24 of CPC, praying to transfer the petition filed by the respondent in MC No.4194/2015 on the file of Principal Judge, Family Court at Bengaluru to Senior Civil Judge and JMFC at Holenarasipura.
This Civil Petition coming on for Hearing, this day, the Court made the following :
ORDER Heard the petitioner’s counsel. The respondent is served is with notice and he has remained unrepresented.
2. This is a petition under Section 24 of Civil Procedure Code. The petitioner has sought for transfer of M.C.No.4194/2015 pending on the file of Prl. Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, Holenarsipura.
3. The learned counsel submits that the petitioner is residing with her parents at Tavdahalli village, Holenarsipura Taluk. Her marriage with the respondent was solemnized on 18.08.2011 at Channarayapatna. The respondent has initiated proceedings for divorce i.e., M.C.No.4194/2015 and the same is pending in the Family Court, Bengaluru. Since the petitioner is unemployed and has no means of her own, she finds it difficult to come to Bengaluru to attend the court in connection with divorce proceedings. The learned counsel also submits that the petitioner has now initiated proceedings under Section 125 Cr.P.C. claiming maintenance from the respondent and the said petition is filed in the Court of JMFC, Holenarsipura. It is in these circumstances, the case M.C.No.4194/2015 be transferred to Holenarsipura so that she can attend to these two cases without any difficulty.
4. According to Section 19 of the Hindu Marriage Act, petition for divorce may be presented to a Court within the local limits of whose jurisdiction marriage was solemnized or where the respondent resides at the time of presentation of the petition or at a place where the parties to the marriage last resided. In the divorce proceedings, the wife i.e., the petitioner herein is the respondent. Since it is stated that she is residing at a village in Holenarsipura Taluk and that she is unemployed without any source of income, it is better that the divorce proceedings pending on the file of Family Court, Bengaluru should be transferred to the court at Holenarsipura Taluk to meet the ends of justice. The respondent being the husband may not find it difficult to attend the court at Holenarsipura as the petitioner has also initiated proceedings for maintenance under Section 125 Cr.P.C. against him. Hence the following :
O R D E R Petition is allowed. M.C.No.4194/2015 pending on the file of Family Court, Bengaluru is transferred to the Court of Senior Civil Judge, Holenarsipura. All the records in M.C.No.4194/2015 shall be transmitted to the transferee court.
Sd/- JUDGE sd