IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.115/2019 BETWEEN:
SMT.P.VEENASHRI W/O KESHAV D.V. AGED 36 YEARS R/AT NO.488, THYAGAMARGA 6TH CROSS, 2ND STAGE SIDDARTHA LAYOUT MYSURU – 570 011 … PETITIONER (BY SRI NITYANAND M.BHAT., ADVOCATE FOR SRI MANMOHAN P.N., ADVOCATE) AND:
MR.KESHAV D.V.
S/O D.VENKATARAJU AGED ABOUT 42 YEARS R/AT NO.163, 3RD F CROSS 4TH C MAIN ROAD, 2ND BLOCK 3RD STAGE, JUDGES COLONY BASAVESHWARANAGAR BENGALURU – 560 079 ... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO ALLOW THIS PETITION AND TRANSFER M.C.NO.6680/2018 PENDING BEFORE THE COURT OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE COURT OF THE JUDGE, FAMILY COURT AT MYSORE.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The marriage of the petitioner and respondent was solemnized on 11.07.1999 at Mysuru. Out of the marriage, the couple have a son aged 18 years.
2. The petitioner has filed Crl.Misc.No.1092/2018 against the respondent under the Protection of Women from Domestic Violence Act, 2005 before J.M.F.C.(III Court), Mysuru claiming monetary relief, protection order etc.
3. The respondent has filed M.C.No.6680/2018 before the Principal Judge, Family Court, Bengaluru against the petitioner for restitution of conjugal rights.
4. The petitioner is seeking transfer of M.C.No.6680/2018 from the Family Court, Bengaluru to Family Court, Mysuru on the ground that she is residing at Mysuru and studying Hotel Management Course at Vidya Vikas Institute, Mysuru. Therefore, she claims that attending to the Court at Bengaluru dislocates her studies and due to her financial difficulty also she is not able to contest the petition before the Bengaluru Court.
5. The respondent does not appear to contest the petition and deny the grounds made out by the petitioner. As per his petition itself, the petitioner is residing at Mysuru. It is not the case of the respondent that the petitioner has any source of her own income. She is studying the Hotel Management course at Mysuru is also not disputed.
6. Under such circumstances, the grounds urged by the petitioner for transfer are justifiable. Therefore, the petition is allowed.
7. M.C.No.6680/2018 pending on the file of the I Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Family Court, Mysuru for disposal in accordance with law.
Sd/- JUDGE KG