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.5 OF 2016 BETWEEN: SMT.RATHNA W/O M.P.RAGHUNATH AGED ABOUT 33 YEARS R/AT ANJANEYAPURA VILLAGE KATTAYA HOBLI, HASSAN DISTRICT ...PETITIONER (BY SRI C.MUDDURAJ, ADV.) AND SRI M.P.RAGHUNATH S/O PONNAPPA M.B. AGED ABOUT 34 YEARS R/AT NO.198/D SAARA BUILDING, VINAYAKA NAGAR NEAR K.M.P.CHURCH ANNASANDRAPALYA BANGALORE – 560 017 ...RESPONDENT (BY SRI A.FEROZE NIZAM, ADV.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER MC.NO.1385/2013 DIVORCE PETITION FILED BY RESPONDENT, PENDING IN THE II ADDITIONAL PRINCIPAL CIVIL JUDGE, FAMILY COURT AT BENGALURU TO THE FAMILY COURT AT HASSAN FOR BEING TRIED AT THE INSTANCE OF THE PETITIONER.
THIS CIVIL PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The marriage of the petitioner and respondent was solemnized on 01.07.2010 at Hassan. Due to some differences between the parties, the petitioner has taken shelter under her parents in Anjaneyapura village, Tq. & District Hassan.
2. The respondent/husband has filed Matrimonial Case No.1385/2013 against the petitioner before the II Additional Principal Judge, Family Court, Bangalore, seeking dissolution of the marriage on the ground of cruelty.
3. The petitioner has filed Crl.Misc.No.27/2014 against the respondent before the III Additional Civil Judge and J.M.F.C., Hassan, seeking maintenance. She also filed M.C.No.204/2013 before the Principal Judge, Family Court, Hassan, against the petitioner for restitution of conjugal rights. That petition came to be allowed vide order Annexure-A dated 10.2.2015.
4. The petitioner is seeking transfer of M.C.No.1385/2013 from the Court of II Additional Principal Judge, Family Court, Bangalore to the Court of Family Court, Hassan on the ground of financial hardship and hardship of traveling from Hassan to Bengaluru.
5. The pleadings in the petition in M.C.No.1385/2013 themselves show that the petitioner is residing with her parents in Anjaneyapura, Hassan Taluk since 2013. The petition in M.C.No.204/2013 on the file of Family Court, Hassan is allowed holding that the respondent has willfully deserted the petitioner and granted decree for restitution of conjugal rights. It is not the case of the respondent that the petitioner has any source of her own income.
6. Under such circumstances, the grounds urged by the petitioner for transfer are acceptable. Therefore, the petition is allowed. M.C.No.1385/2013 pending on the file of II Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Family Court, Hassan for disposal in accordance with law.
Sd/- JUDGE KNM/KSR