IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.285 OF 2015 BETWEEN:
SMT.SUMANA D/O LATE SEETHARAMA AGED ABOUT 29 YEARS R/AT NO.22, G.K.M. COLLEGE ROAD, BEHIND CHURCH, J.P.NAGAR VI PHASE BANGALURU – 560 078 ...PETITIONER (BY SRI NATRAJ H.C., ADV.) AND SRI RAMAKRISHNA GANIGA S/O LATE CHANDRAKANTH GANIGA AGED ABOUT 39 YEARS R/AT SALIKERI POST, HARADI VILLAGE UDUPI TALUK AND DISTRICT UDUPI – 576 101 ...RESPONDENT (BY SMT. SUNITHA H.SINGH, ADV.,) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE MC NO.154/2015 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT UDUPI TO PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE AND PASS ANY OTHER ORDER OR ORDERS AS DEEM FIT BY THIS HON’BLE COURT.
THIS CIVIL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The marriage of the petitioner and respondent was solemnized on 04.12.2013 at Barkur village in Udupi taluk. Some differences arise between the parties. Therefore, petitioner is residing with her parents at Bangalore.
2. Respondent has filed Matrimonial Case No.154/2015 on the file of Principal Senior Civil Judge and CJM., Udupi against the petitioner seeking dissolution of the marriage on the ground of cruelty and desertion.
3. The petitioner is seeking transfer of M.C.No.154/2015 on the file of Principal Senior Civil Judge and CJM., Udupi, to the II Additional Principal Judge, Family Court, Bangalore, on the ground of financial hardship and hardship of traveling to Udupi Court with a minor child to attend to the case. She also contends that she is facing physical threats from the respondent.
4. There is no dispute that Criminal Misc.No.182/2016 between the parties is pending for maintenance before the Family Court at Bangalore.
5. It is also not disputed that petitioner has a child aged about three years and if at all she has to attend the court at Udupi, she has to travel with the said child for about 500 kilometers on each hearing date.
6. The materials placed on record to show that petitioner had filed a complaint against the respondent and his family members in Crime No.646/2015 of J.P.Nagar Police Station for the offences punishable under Sections 498A, 307, 324 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act and the said matter is pending for trial before the C.M.M.Court, Bangalore.
7. It is not the case of the respondent that the petitioner has her own source of income. Under these circumstances, the contention of the petitioner that she is not able to effectively contest M.C.No.154/2015 at Udupi Court, is acceptable. Therefore, it is just and expedient to withdraw and transfer M.C.No.154/2015 as prayed for.
The petition is allowed. M.C.No.154/2015 pending on the file of Principal Senior Civil Judge and CJM., Udupi, is hereby withdrawn and transferred to the court of II Additional Principal Judge, Family Court, Bangalore, for disposal in accordance with law.
At this stage, learned Counsel for the respondent submits that a date may be fixed for appearance of the petitioner in M.C.No.154/2015 to avoid delay. To avoid delay, parties shall appear before the II Additional Principal Judge, Family Court, Bangalore, on 19.11.2019 without any further notice.
Sd/- JUDGE KNM/-