IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA CIVIL PETITION NO.286/2016 BETWEEN:
SOWMYA.B.V, D/O. VEERAPPAJI.B.V, W/O. HARSHA.S, AGED ABOUT 27 YEARS, DOOR NO.331, MUTTAIAH LAYOUT, PERIYAPATNA TOWN, MYSORE DISTRICT – 570 024. ... PETITIONER (BY SRI DINESHA.E.P, ADV.) AND:
S.HARSHA, S/O. SHIVASWMAY.M, AGED ABOUT 32 YEARS, R/A DOOR NO.90, GOWRISHANKARA NAGARA, OOTY ROAD, MYSORE DISTRICT – 570 024. ... RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO TRANSFER MC NO.144/2014 FROM THE FILE OF PRINCIPAL FAMILY COURT, MYSORE TO THE FILE OF SENIOR CIVIL JUDGE & JMFC, HUNSUR, SITTING AT PERIYAPATNA, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court seeking that the petition in M.C.No.144/2014 pending on the file of the Principal Judge, Family Court, Mysore be withdrawn and the same be transferred to the Court of the Senior Civil Judge and JMFC, Hunsur, sitting at Periyapatna.
2. The petitioner is the wife of the respondent.
Due to certain disputes in their married life, they are residing separately. The respondent herein has instituted the petition in M.C.No.144/2014 under Section 13(1)(1a) of the Hindu Marriage Act seeking dissolution of the marriage. The petitioner-wife is seeking that the same be withdrawn and be transferred to the Court at Periyapatna, as the petitioner is presently residing therein.
3. Notice of this petition was ordered to the respondent. The respondent though served has not chosen to appear and oppose this petition.
4. In that light, a perusal of the petition papers would disclose that though the petition for dissolution in M.C.No.144/2014 was filed by the respondent-husband on 24.03.2014 before the Court at Mysore and the petitioner-wife has filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights on a subsequent date, i.e., on 08.08.2014, keeping in view the fact that the said petitions are to be considered together, it will have to be done before the same Court, so as to avoid the conflict in judgment on the same subject.
5. Presently, since, the petitioner is residing at Periyapatna and the Court at Hunsur is sitting at Periyapatna, it would be to the convenience of the parties, if the proceedings are held there. In addition to the said proceedings, it is also seen that the petitioner herein has filed a petition in Crl.Misc.No.93/2016 (Old No.Crl.Mis.No.711/2014) under Section 125 of the Criminal Procedure Code which is pending before the Court at Periyapatna.
6. Therefore, it would be to the convenience of the parties, if all the litigations between the parties are considered at the same place. In that view, the prayer as made herein is accepted. It is ordered that the petition in M.C.No.144/2014 be withdrawn from the file of the Principal Judge, Family Court, Mysuru and the same be transferred to the Court of the Senior Civil Judge and JMFC, Hunsur, sitting at Periyapatna. The transferee Court shall issue notice to the parties and thereafter proceed further in accordance with law.
The petition is accordingly disposed of.
Sd/- JUDGE ST