IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR CIVIL PETITION NO. 187/2018 BETWEEN :
SMT. RESHMA G. M WIFE OF DR. MOHAMED GHOUSE. H AGED ABOUT 30 YEARS (KARNATAKA TAILOR HOUSE) MUDUKANAKATTE AREA, KUMBAR ONI, KOTTUR - 583 134. KUDLIGI TALUK BELLARY DISTRICT. ... PETITIONER (BY SRI. SWAMY SHIVA PARAKASH. H, ADVOCATE AND SRI. KRISHNAMURTHY M.R, ADVOCATE) AND DR. MOHAMED GHOUSE. H SON OF MOHAMED HUSSAIN. H AGED ABOUT 33 YEARS NO.BB14, KHB QUARTERS KAVALBYRASANDRA BENGALURU - 560 032.
... RESPONDENT (BY SRI. SUDHIR KUMAR, ADVOCATE AND SMT. VANITHA H. L, ADVOCATE ) THIS PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE O.S.NO. 42 OF 2018 PENDING ON THE FILE OF IV ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU TO SENIOR CIVIL JUDGE AND JMFC, KUDLIGI AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING :
ORDER Though this Civil Petition is listed for admission, with the consent of the learned counsel for the petitioner and the respondent, the arguments are heard finally.
2. The petition is filed under Section 24 of the Code of Civil Procedure, 1908 for transfer of the suit in O.S. No.42 of 2018 before the VI Additional Judge, Family Court, Bengaluru.
3. The petitioner is the legally wedded wife of the respondent. They were married on 25.8.2013 at Harapanahalli and they lead marital life for two years. The petitioner gave birth to a male child. Thereafter, due to matrimonial disputes and complications, the petitioner is residing separately in her parents’ house at Kottur village, Kudligi taluk. The petitioner has filed a petition before the Civil Judge and JMFC, Kudligi claiming maintenance. The respondent - husband filed a suit for restitution of conjugal rights before the VI Additional Family Court, Bengaluru which is numbered as O.S.No.42 of 2018.
4. It is the case of the petitioner that she do not have permanent source of income and she is residing in her parents’ house along with her minor child. Therefore, she is unable to attend the court proceedings before the Family Court at Bengaluru.
5. The counsel for the respondent has no objection to transfer the aforesaid O.S.No.42 of 2018, as prayed for.
In the circumstances, the Civil Petition is allowed. Original Suit No.42 of 2018 on the file of the VI Additional Family Court, Bengaluru is ordered to be transferred to the Court of the Senior Civil Judge and JMFC, Kudligi.
The Registry of this Court is directed to communicate this order to the VI Additional Family Court, Bengaluru, forthwith for transition of records.
SD/- JUDGE nv