IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS.JUSTICE K.S.MUDAGAL CIVIL PETITION NO.224 OF 2019 BETWEEN:
SMT.SUSHMA S.D., W/O.DR.GAUTHAM N., D/O.G.N.DINESH, AGED ABOUT 25 YEARS, RESIDING AT NO.37, 10TH C CROSS, 5TH C MAIN, WOCR, BEHIND MODI HOSPITAL, RAJAJINAGAR, BENGALURU – 560 086.
…PETITIONER (BY SRI SACHING V.R., ADVOCATE) AND:
DR.GOUTHAM N., S/O.M.N.NAGARAJU, AGED ABOUT 29 YEARS, RESIDING AT JENUGUDU, 40 FEET ROAD, MAHALAKSHMI NAGAR, BATAWADI, TUMKUR – 572 103.
... RESPONDENT (BY SRI HIMANAND D.C., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER M.C.NO.89/2019 PRESENTLY PENDING ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, TUMKUR, TO THE COURT OF II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, WHERE THE CONNECTED MATTER IN M.C.No.2443/2017 IS PENDING BETWEEN THE PARTIES AND ETC.
THIS CIVIL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is the wife of the respondent. Their marriage was solemnized on 17.04.2016 at Bengaluru. Due to trouble in the marriage, petitioner filed M.C.No.2443/2017 on the file of the II Additional Principal Judge, Family Court, Bengaluru, for restitution of conjugal rights.
2. The respondent has filed M.C.No.89/2019 on the file of the I Additional Principal Judge, Family Court, Tumakuru for dissolution of marriage on the ground of cruelty.
3. Petitioner is seeking transfer of M.C.No.89/2019 from the file of the I Additional Principal Judge, Family Court, Tumakuru, to the II Additional Principal Judge, Family Court, Bengaluru, for disposal along with M.C.No.2443/2017 filed by her on the ground of hardship in traveling to Tumakuru.
4. The marriage of the parties was solemnized in Bengaluru. Petitioner admittedly resides in Bengaluru. Respondent is also serving in Bengaluru. Under these circumstances, as per Section 19 of the Hindu Marriage Act, petition lies in Bengaluru. Learned counsel for the respondent concedes for transfer.
5. Under the circumstances, petition is allowed. M.C.No.89/2019 pending on the file of the I Additional Principal Judge, Family Court, Tumakuru, is hereby withdrawn and transferred to the court of II Additional Principal Judge, Family Court, Bengaluru, for disposal along with M.C.No.2443/2017 pending on the file of the said Court.
In view of disposal of the petition, I.A.1/2019 stood disposed of.
Sd/- JUDGE PKS