IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.295 OF 2019 BETWEEN:
SRI M.KUMAR S/O LATE M.MARIYAPPA AGED ABOUT 39 YEARS R/AT NO.16, MAKU HEGGADE NILAYA 22ND B MAIN, NEAR J C NAGAR KURUBARAHALLI BANGALORE – 560 086 … PETITIONER (BY SMT.PRIYANKA R., ADV. FOR SMT.MAMATHA D.N., ADV.) AND:
SMT.K.A.NAGALAKSHMI W/O KUMARA M D/O K.S.ANANDAIAH AGED ABOUT 33 YEARS R/AT CHIRANJIVI NILAYA 2ND CROSS, VIDYA NAGAR OPP SAHYADRI COLLEGE SHIVAMOGGA – 577 201 ALSO R/AT NO.13 SAPTHAGIRI COLLEGE ROAD CHIKKASANDRA, T.DASARAHALLI BANGALORE – 560 057 ... RESPONDENT (BY SRI MANJANNA M.S., ADV.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO ORDER FOR WITHDRAWAL OF THE CASE IN M.C.5733/2017 WHICH IS PENDING BEFORE THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE AND TRANSFER THE CASE M.C.NO.5733/2017 TO THE FILE OF THE DISTRICT JUDGE, FAMILY COURT AT SHIVAMOGGA.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The marriage of petitioner and respondent was solemnized on 27.02.2013 at Bengaluru. Due to incompatibility the parties are residing separately since 2015.
2. The petitioner has filed M.C.No.3787/2015 against the respondent before the Family Court, Bengaluru for dissolution of marriage on the ground of cruelty.
3. The respondent has filed Crl.Misc.No.43/2016 against the petitioner before the J.M.F.C. II Court, Shivamogga claiming maintenance.
4. The respondent has filed C.P.No.63/2016 before this Court seeking transfer of M.C.No.3787/2015 from the Family Court, Bengaluru to Family Court, Shivamogga on the ground of financial and traveling hardship.
5. This Court allowed C.P.No.63/2016 on 01.06.2016 and transferred M.C.No.3787/2015 from the VI Additional Principal Judge, Family Court, Bengaluru to the Family Court, Shivamogga and now that matter is pending before the Family Court, Shivamogga.
6. Later the respondent has filed M.C.No.5733/2017 before the V Additional Principal Judge, Family Court, Bengaluru against the petitioner for restitution of conjugal rights.
7. The petitioner is seeking withdrawal and transfer of M.C.No.5733/2017 from the Family Court, Bengaluru to the Family Court, Shivamogga on the ground that he is already attending M.C.No.3787/2015 before the Family Court, Shivamogga and it would be convenient for him to attend both the cases at the Family Court, Shivamogga.
8. Learned counsel for the respondent opposes the petition on the ground that M.C.No.3787/2015 which was re-numbered as M.C.No.43/2017 is in advanced stage and the final arguments of both the counsel are heard in the said matter. He further submits that the transfer in the present case is being sought only to delay the proceedings in M.C.No.43/2017 pending before the Family Court, Shivamogga.
9. M.C.No.43/2017 (originally M.C.No.3787/2015) is filed on the sole ground of cruelty. It is not under the ground of desertion. Therefore, it cannot be said that both the matters have some bearing on each other and there is likelihood of conflicting orders if they are heard separately. Since the respondent herself had contended that it is convenient for her to face the trial in the case at Shivamogga the earlier case was transferred to Shivamogga.
10. Under such circumstances, it would be just and expedient to transfer M.C.No.5733/2017 to the Family Court, Shivamogga with a condition that both the cases shall be heard and disposed of as scheduled in respective cases. Therefore, the petition is partly allowed.
11. M.C.No.5733/2017 pending on the file of the V Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Family Court, Shivamogga for disposal in accordance with law independently.
12. This order will not come in the way of the Family Court, Shivamogga in disposing of M.C.No.43/2017 pending on its file separately.
13. To avoid any further delay, the parties are directed to appear before the Family Court, Shivamogga on 09.01.2020 without any further notice.
Sd/- JUDGE KG