IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.197 OF 2019 BETWEEN:
SMT. NITHYA W/O MAHESH BABU M D/O S.H.GOVINDA REDDY AGED ABOUT 28 YEARS RESIDING AT KJ-1635 CHIKKAPETE ROAD NEAR UCHHANGI YELLAMMA TEMPLE CHIKKAPTE CHITRADURGA – 577 501 (BY SRI B. PRAMOD, ADVOCATE) AND:
SRI. MAHESH BABU M S/O CHANDRASEKHARA REDDY M AGED ABOUT 34 YEARS R/A NO.435, 1ST MAIN ROAD 6TH CROSS, PANCHASHEELA NAGAR MUDALPALYA BENGALURU – 560 072 (RESPONDENT SERVED) …. PETITIONER ... RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO ALLOW THE ABOVE PETITION AND TRANSFER THE PROCEEDINGS IN M.C.NO.1882/2019 PENDING ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, COURT CHITRADURGA OR ANY COMPETENT AUTHORITY AT CHITRADURGA IN THE INTEREST OF JUSTICE AND EQUITY AND PASS SUCH OTHER ORDER DEEMED JUST AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Marriage of the petitioner and respondent was solemnized on 23.12.2015 in Chitradurga. Out of the said wedlock, the parties have daughter born on 19.11.2016. Due to the troubled marriage, the petitioner filed M.C.No.46/2019 before the Principal Senior Civil Judge and CJM, Chitradurga against the respondent for restitution of conjugal rights.
2. The respondent has filed M.C.No.1882/2019 against the petitioner before the II Additional Principal Judge, Family Court, Bengaluru for dissolution of marriage on the ground of cruelty and desertion.
3. The petitioner is seeking transfer of M.C.No.1882/2019 pending on the file of II Additional Principal Judge, Family Court, Benglauru to the Court of Principal Senior Civil Judge and CJM, Chitradurga on the ground of hardship of traveling with the minor child and financial difficulties.
4. The respondent though served does not appear to contest the petition. In his divorce petition, the respondent has admitted that the petitioner is having tender aged daughter and petitioner along with the child is residing with her parents in Chitradurga.
5. It is not the case of the respondent that petitioner has any source of her own income. Under such circumstances, the contention of the petitioner that she is not able to contest the petition in M.C.No.1882/2019 due to aforesaid reasons is acceptable.
6. Therefore, the petition is allowed. M.C. No.1882/2019 pending on the file of file of II Additional Principal Judge, Family Court, Benglauru, is hereby withdrawn and transferred to the Court of Principal Senior Civil Judge and CJM, Chitradurga in the interest of justice.
No order as to costs.
In view of disposal of the main petition, I.A.No.1/2019 stood disposed of.
Sd/- JUDGE Mds/-