IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL PETITION No.191 OF 2019 BETWEEN Smt. Sujatha Vegesna W/I Avinash Vegesna Aged 31 years R/at No.70-3/12, IInd cross Vinayaka Nagar Near BBMP Point Devasandra, K.R.Puram Bengaluru – 560 036 (By Sri N.Krishnappan, Advocate) AND Avinash Vegesna S/o V.V.Sathyanarayana Raju Aged 32 years R/at No.128/s Rani Channamma Circle # 25/10th Cross Hebbal 2nd Stage Mysuru – 570 017 (By Sri C.S.Pradeep, Advocate) …Petitioner …Respondent This Civil Petition is filed under Section 24 of CPC, praying this Court to transfer M.C.No.704/2017 pending in the Court of the IV Additional Principal Family Court, Mysuru to the Family Court at Bengaluru.
This Civil Petition coming on for admission this day, the Court made the following :
ORDER Heard both the sides.
2. This Civil Petition is filed under Section 24 of Civil Procedure Code seeking transfer of M.C.No.704/2017 pending on the file of the IV Additional Principal Family Court, Mysuru to the Family Court, Bengaluru.
3. In the petition, it is stated that the petitioner is not keeping good health and she finds it difficulty to travel from Bengaluru to Mysuru on every date of hearing. It is also stated that she being a woman has got privilege to seek transfer of the case.
4. Learned counsel for the petitioner argues on the lines of the contents of transfer petition. Learned counsel for the respondent refers to the order sheet of the proceedings in Matrimonial Case and submits that the petitioner has sought transfer at the fag end of the case. All these years she has appeared the Court and therefore absolutely there are no grounds to seek transfer.
5. Learned counsel for the petitioner counters his submission by submitting that the Family Court at Mysuru is posting the case every week and therefore the petitioner finds it difficulty to appear before the Family Court, Mysuru on every date of hearing.
6. The order sheet discloses that the recording of evidence commenced on 04.12.2018. This transfer petition was filed on 29.05.2019. It is stated that now the matter is posted for arguments. If the trial Court is taking up the matter every week, no fault can be found in it.
Matter gets disposed of early. No medical documents are furnished in support of the ailments of the petitioner. I do not find any bonafides in seeking transfer of the petition from Mysuru to Bengaluru. Petition is dismissed.
Kmv* SD/- JUDGE