IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.133 OF 2018 BETWEEN:
Smt Shwetha W/o Prasanna Kumar D/o Vishwanatha Swamy A.M R/a No.1183, Kalikadevi Road Near Channabasappa and Sons Davanagere-570002. ... Petitioner (By Smt.Vijaya M.N, Advocate) AND:
Sri Prashanth Kumar.E S/o Eashwaraiah I.G, Aged About 35 Years, R/a No.519, 1st Floor 2nd Main Road, Nagendra Block, Srinagar, Bangalore-560050. ... Respondent (By Smt.Veena K.P., Advocate) This Civil Petition has filed under Section 24 of CPC, praying to Hon’ble Court to pass necessary orders to transfer the MC.No.4058/2017 pending before the IV Additional Principal Judge, Family Court at Bangalore to Judge Family Court at Davanagere where Crl.Misc.No.63/2018 filed by the petitioner is pending and pass any such other orders as deems fit under the facts and circumstances of the case in the interest of justice and equity.
This Civil Petition coming on for Admission this day, the court made the following:
ORDER Though this civil petition is at the stage of admission, with the consent of both the parties, arguments are heard for final disposal.
2. The petitioner is legally wedded wife of the respondent-husband and they were married on 12.02.2016 at Davangere. Thereafter, on account of some matrimonial disputes and other complications, they could not lead marital life. The respondent- husband has filed a petition for divorce under Section 13(1A) of the Hindu Marriage Act, 1955, for dissolution of marriage which is numbered as MC.No.4058/2017 pending on the file of IV Additional Principal Judge, Family Court, Bengaluru.
3. The petitioner-wife has filed a petition under Section 125 of Cr.P.C. seeking maintenance, which is numbered as Crl.Misc.No.63/2018 pending on the file of Family Judge at Davanagere. Now the petitioner before this Court is seeking to transfer the above said MC petition filed by the respondent-husband in MC.No.4058/2017 pending on the file of IV Additional Principal Judge, Family Court, Bengaluru to the Family Court, Davanagere, where Crl.Misc.No.63/2018 is pending.
4. Learned counsel for the respondent-husband has no objection to transfer MC petition to the Family Court, Davanagere as prayed for.
5. In the facts and circumstances of the case and the submission of the learned counsel for the respondent, the petition is allowed. M.C.No.4058/2017 pending on the file IV Additional Principal Judge, Family Court, Bengaluru is ordered to be transferred to the Family Court, Davangere. Both the parties are directed to appear before the Family Court, Davanagere on 23.04.2019.
Registry is directed to issue an intimation to the Court of IV Additional Principal Judge, Family Court, Bengaluru for transmission of records immediately.
Sd/- JUDGE rv