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.383 OF 2018 BETWEEN:
RASHMI C.S. W/O LOHITH P.
AGED ABOUT 25 YEARS R/O BASAVANAHALLI VENUGOPALASWAMY TEMPLE ROAD CHIKKAMAGALURU CHIKKAMAGALURU DISTRICT – 577 101 … PETITIONER (BY SRI GIRISH B.BALADARE, ADVOCATE) AND:
LOHITH P.
S/O PUTTASWAMY K.S. AGED ABOUT 29 YEARS R/O KABEERANANDA NAGARA CHITHRADURGA TOWN AND DISTRICT – 577 501 ... RESPONDENT (BY SRI ANIL BABU C., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE CASE IN MC NO.102/2018 PENDING BEFORE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., CHITHRADURGA TO FAMILY COURT AT CHIKKAMAGALURU.
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 the respondent was solemnized on 19.04.2017 at Chikkamagaluru. The marriage did not sail well.
2. The petitioner has filed Crl.Misc.No.92/2018 on the file of the Senior Civil Judge and C.J.M., Chikkamagaluru under the Protection of Women from Domestic Violence Act, 2005 seeking monetary relief, protection order, right of residence etc. She has also filed a complaint in Cr.No.58/2018 against the respondent alleging physical violence.
3. The respondent has filed M.C.No.102/2018 against the petitioner seeking restitution of conjugal rights.
4. Petitioner seeks transfer of M.C.No.102/2018 from the file of the Principal Senior Civil Judge and C.J.M., Chithradurga to Family Court Chikkamagaluru on the ground of her financial difficulty, hardship in traveling to Chithradurga and alleging physical threat to her by the respondent while attending the case at Chithradurga.
5. The pendency of the cases filed by the petitioner at Chikkamagaluru is not in dispute. The marriage has taken place at Chikkamagaluru and as per the respondent himself, the petitioner is residing in Chikkamagaluru. Therefore, two factors contemplated under Section 19 of the Hindu Marriage Act, 1955 are in favour of the petitioner.
6. Having regard to the facts and circumstances of the case and the material on record, satisfied that the petitioner may not be able to contest the petition in M.C.No.102/2018 effectively, if the case proceeds at Chithradurga and it is just and expedient to withdraw and transfer the petition as prayed for.
7. Therefore, the petition is allowed.
M.C.No.102/2018 pending on the file of the Principal Senior Civil Judge and C.J.M., Chithradurga is hereby withdrawn and transferred to the Family Court, Chikkamagaluru for disposal in accordance with law.
Sd/- JUDGE KG