IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.289 OF 2019 BETWEEN:
MRS.SHILPA W/O NAGARAJ SHET AGE: 32 YEARS OCC: SERVICE R/O GOKUL, # 1-3-34A1 GUNDI BAIL WARD POST KUNJIBETTU UDUPI DISTRICT UDUPI … PETITIONER (BY SRI PRAVEEN KUMAR N.K., ADV.) AND:
NAGARAJ SHET S/O VINYAK NAGAPPA SHET AGE: 33 YEARS OCC: PRIVATE SERVICE R/O FLAT NO.I-501 SALARAPURIA SATVA LAUREL HEIGHTS HESARAGHATTA MAIN ROAD MALLASANDRA BANGALORE – 560 057 ... RESPONDENT (RESPONDENT - SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE CASE IN M.C.NO.2878/2019 PENDING ON THE FILE OF V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE TO THE ADDITIONAL SENOR CIVIL JUDGE, UDUPI.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The respondent served, unrepresented. Heard the petitioner’s counsel.
2. The marriage of petitioner and respondent was solemnized on 02.07.2014 at Aversa, Ankola Taluk. The marriage was registered on 23.10.2014 in the office of Registrar of Marriage at Udupi. Out of the marriage, the couple have a son born on 15.06.2016.
2. Due to bickerings in the matrimonial life, the parties are residing separately. The petitioner and her child are residing presently in her parents house at Udupi.
3. The petitioner has filed M.C.No.89/2019 against the respondent before the Principal Senior Civil Judge, Udupi for restitution of conjugal rights.
4. The petitioner and her son have filed Crl.Misc.No.73/2019 against the respondent before the I Additional Civil Judge and J.M.F.C., Udupi for maintenance claiming that the respondent having sufficient income has willfully neglected to maintain them.
5. The respondent has filed M.C.No.2878/2019 against the petitioner before the V Additional Principal Judge, Family Court, Bengaluru seeking dissolution of marriage on the ground of cruelty.
6. The petitioner seeks transfer of M.C.No.2878/2019 to the Court at Udupi on the ground that traveling to Bengaluru from Udupi with the child and her financial condition causes hardship and that the interest of the child suffers.
7. The respondent does not appear and deny the grounds urged by the petitioner. Already two cases are pending before the Courts at Udupi. In his divorce petition the respondent himself has shown the petitioner as the resident of Udupi and he also admitted that they have a child residing with the petitioner at Udupi. Under such circumstances, the grounds urged by the petitioner are found acceptable. Therefore, the petition is allowed.
8. M.C.No.2878/2019 pending on the file of the V Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Court of Additional Senior Civil Judge, Udupi for disposal along with M.C.No.89/2019 pending before the said Court in accordance with law.
In view of the disposal of the petition, I.A.No.1/2019 stood disposed of.
Sd/- JUDGE KG