IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS.JUSTICE K.S.MUDAGAL CIVIL PETITION. NO.388 OF 2018 BETWEEN:
Shwetha S. Bhat, W/o. Sridhar S.Bhat, Aged about 27 years, Residing at :
C/o. Chandrashekar P.Joshi Janmane, Post Janmane, Taluk Sirsi, Uttara Kannada District.
…PETITIONER (BY SRI. SHRIPAD V. SHASTRI , ADVOCATE) AND:
Shridhar S. Bhat, S/o. Subraya Bhat, Aged about 32 years, R/o. Rajathadri House, 1st Floor, NGO Colony, 7th cross Road, Bailore, Udupi Taluk, Udupi District. – 576 101.
(BY SRI. PRASANNA V.R. , ADVOCATE) ... RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING THIS HON’BLE COURT TO WITHDRAW MC 142/2018 FROM THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI, AND TRANSFER THE SAME TO THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT SIRSI, UTTARA KANNADA DISTRICT AND THIS PETITION BE ALLOWED WITH COST THROUGHOUT.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is the wife of the respondent. Their marriage was solemnized on 19.02.2016 at Mugwa, Honnavara Taluk, Uttara Kannada District. Due to trouble in the marriage, respondent has filed M.C.No.142/2018 on the file of the Senior Civil Judge, Udupi, against the petitioner for restitution of conjugal right.
2. Presently, petitioner is residing in Sirsi with her grandfather. Therefore, she seeks transfer of M.C.No.142/2018 from the Court of Principal Senior Civil Judge & CJM., Udupi to the Court of Senior Civil Judge & JMFC., Sirsi, Uttara Kannada, on the ground of financial difficulty and hardship in traveling to Udupi with her tender aged child.
3. The respondent does not dispute those grounds. The learned counsel for the respondent concedes for transfer.
4. Under the circumstances, the petition is allowed. M.C.No.142/2018 pending on the file of the Principal Senior Civil Judge and CJM., Udupi is hereby withdrawn and transferred to the Court of Senior Civil Judge & JMFC., Sirsi, Uttara Kannada District for disposal in accordance with law.
Sd/- JUDGE PKS