IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CIVIL PETITION No. 232/2017 BETWEEN MRS. SEEMA BANU, AGED ABOUT 31 YEARS, W/O SRINIVASA BABU, PRESENTLY R/AT NO.C 401, PURVI LOTUS APARTMENT, HOSAPALYA, BENGALURU – 560 068. ... PETITIONER (BY SRI. HEMANTH KUMAR D., ADVOCATE) AND MR. SRINIVASA BABU, S/O LATE MUDALA GIRIYAPPA, AGED ABOUT 33 YEARS, PRESENTLY R/AT AG ROAD, OPPOSITE KARNATAKA BEKARI, CHALLAKERE, CHITRADURGA 577522. ... RESPONDENT (RESPONDENT SERVED & UNREPRESENTED) THIS CIVIL PETITION IS FILED U/S 24 OF CPC, PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT IN MC NO. 103/2016 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE & JMFC, CHITRADURGA TO FAMILY COURT AT BENGALURU IN THE INTEREST OF JUSTICE AND EQUITY.
ORDER Learned counsel for the petitioner is present.
2. The respondent, though served has remained absent. No representation on behalf of respondent.
3. There is no denial of the allegations made in the petition. Hence, there is no legal impediment to transfer MC No.103/2016 pending on the file of the II Additional Senior Civil Judge and JMFC at Chitradurga to the Family Court at Bengaluru, as it is stated that the petitioner has also filed C.Misc. No.37/2017 and the same is pending on the file of the Metropolitan Magistrate, Traffic Court at Bengaluru.
4. In view of the above facts and circumstances of the case, the following order is passed:
ORDER i) The petition is allowed.
ii) M.C. No.103/2016 pending on the file of the II Additional Senior Civil Judge and JMFC at Chitradurga, is hereby withdrawn and the same is ordered to be transferred on to the file of the Family Court at Bengaluru.
iii) The family Court at Bengaluru is hereby directed to secure the presence of the parties by issuing notice afresh in MC No.103/2016 and then to proceed with the matter in accordance with law.
Sd/- JUDGE KGR*