IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.209 OF 2019 C/W CIVIL PETITION NO.166 OF 2019 IN C.P.NO.209/2019 BETWEEN:
SRI RAGHAVENDRA PRASAD V. AGED ABOUT 36 YEARS S/O SRI VENKATACHALA NO.16, 1ST FLOOR, FLOWER GARDEN OPP. B.H.E.L., MYSORE ROAD BANGALORE – 560 026 … PETITIONER (BY SMT.P.VARALAKSHMI NAGARAJ, ADVOCATE) AND:
SMT. HEMALATHA AGED ABOUT 30 YEARS W/O SRI RAGHAVENDRA PRASAD R/AT 2312, 3RD STAGE, D.BLOCK KANAKADASA NAGAR NETHAJI CIRCLE, DATTAGALLI MYSORE – 570 013 WORKING:
TYPIST PRINCIPAL CIVIL AND SESSIONS COURT RAMANAGARA TALUK RAMANAGAR DISTRICT KARNATAKA ... RESPONDENT (BY SRI SANDESH T.B., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER OF THE M.C.NO.769/2018 PENDING ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT MYSURU TO THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU WHERE THE M.C.1317/2018 IS PENDING FILED BY THE PETITIONER PRAYING FOR A JUDGMENT AND DECREE OF DIVORCE AGAINST THE RESPONDENT.
IN C.P.NO.166/2019 BETWEEN:
SMT.HEMALATHA W/O SRI RAGHAVENDRA PRASAD V. AGED ABOUT 30 YEARS R/AT 2312, 3RD STAGE, D BLOCK KANAKADASA NAGAR, NETHAJI CIRCLE, DATTAGALLI MYSURU – 570 013 … PETITIONER (BY SRI SANDESH T.B, ADVOCATE) AND:
SRI RAGAVENDRA PRASAD V. S/O SRI VENKATACHALA AGED ABOUT 36 YEARS NO.16, 1ST FLOOR, FLOWER GARDEN OPP. B.H.E.L., MYSURU ROAD BENGALURU – 560 026 ... RESPONDENT (BY SMT. P.VARALAKSHMI NAGARAJ., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER OF THE M.C.NO.1317/2018 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT BENGALURU TO THE FAMILY COURT AT MYSURU.
THESE CIVIL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R C.P.No.166/2019 is filed by the wife seeking transfer of M.C.No.1317/2018 pending on the file of the Principal Judge, Family Court, Bengaluru to the Family Court, Mysuru. C.P.No.209/2019 is filed by the husband seeking transfer of M.C.No.769/2018 pending on the file of the II Additional Principal Judge, Family Court, Mysuru to Family Court Bengaluru.
2. The parties will be referred to henceforth according to their ranks in C.P.No.166/2019.
3. The marriage of petitioner and respondent was solemnized on 05.11.2016 at Mysuru. Out of the marriage, the couple have a son aged about 1½ years. The relationship between the parties became sour. The petitioner and her child are residing in Mysuru with her parents.
4. The petitioner has filed M.C.No.769/2018 against the respondent before the Family Court, Mysuru for restitution of conjugal rights.
5. The respondent has filed M.C.No.1317/2018 against the petitioner herein before the Family Court, Bengaluru for dissolution of marriage on the ground of cruelty.
6. The petitioner has filed Crl.Misc.No.637/2018 before the Family Court, Mysuru seeking maintenance for herself and her child. On the complaint filed by the petitioner in Crime No.62/2018 of Women Police Station, Mysuru, the respondent herein is facing criminal prosecution at Mysuru for the offences of dowry harassment and assault etc.
7. The petitioner/wife is seeking transfer of M.C.No.1317/2018 from Family Court, Bengaluru to Family Court, Mysuru on the ground of hardship in traveling from Mysuru to Bengaluru along with a child. Whereas the respondent/husband seeks transfer of M.C.No.769/2018 from Family Court, Mysuru to Family Court, Bengaluru on the ground that he is suffering from various ailments and on the ground that traveling from Bengaluru to Mysuru dislocates his job.
8. The fact of the petitioner/wife residing at Mysuru with her 1½ year old child is not disputed. It is also not disputed that she is working at Ramanagara. The respondent/husband though pleaded the medical grounds has not produced any material to substantiate the said ground.
9. The respondent/husband is already attending the maintenance petition and the criminal case in addition to the petition filed by the wife for restitution of conjugal rights at Mysuru.
10. Under these circumstances, her traveling from Mysuru to Bengaluru to attend the case along with the child is detrimental to the interest of the child and causes hardship. Therefore, it is just and expedient to transfer M.C.No.1317/2018 pending on the file of the Principal Judge, Family Court, Bengaluru to Family Court, Mysuru as prayed in C.P.No.166/2019.
11. Therefore, C.P.No.166/2019 is allowed.
M.C.NO.1317/2018 pending on the file of the Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the II Additional Principal Judge, Family Court, Mysuru for disposal along with M.C.No.769/2018 pending on the file of the said case in accordance with law.
C.P.No.209/2019 is hereby dismissed.
Sd/- JUDGE KG