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.3 OF 2019 BETWEEN:
V.SOWMYA W/O Y. HARISH AGED ABOUT 30 YEARS OCC:HOUSE WIFE R/O HOUSE NO.1485/9 4TH CROSS, 2ND STAGE SHIVAKUMARASWAMY BADAVANE DAVANGERE CITY – 577 002 … PETITIONER (BY SREE HARSHA A.K., ADVOCATE) AND:
Y. HARISH S/O YANKAPPA AGED ABOUT 32 YEARS OCC:VILLAGE ACCOUNTANT NOW WORKING IN TALUK OFFICE CHITRADURGA R/O OBALAPURA VILLAGE BHARAMASAGARA HOBLI CHITRADURGA TQ AND DIST – 577 001 ... RESPONDENT (BY SRI SHIVANANDA S., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER M.C.NO.96/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AT CHITRADURGA TO FAMILY COURT, DAVANGERE.
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 24.02.2017 at Obalapura village, Chitradurga Taluk. The marriage did not sail well. Therefore, since 02.07.2017 the petitioner is residing in her parental house at Davangere.
2. The petitioner has filed Crl.Misc.No.261/2017 against the respondent and his parents before the JMFC III Court, Davangere under the Protection of Women from Domestic Violence Act, 2005 alleging violence and claiming protection order, maintenance etc. She has also filed Crl.Misc.No.20/2018 against the respondent before the Family Court, Davangere claiming maintenance under Section 125 of Cr.P.C.
3. The respondent has filed M.C.No.96/2018 against the petitioner before the II Additional Senior Civil Judge, Chitradurga seeking dissolution of marriage on the ground of cruelty and desertion.
4. The petitioner is seeking transfer of M.C.No.96/2018 from Chitradurga to Family Court, Davangere on the ground that she has no source of her own income and she has threats and traveling to Chitradurga causes hardship to her and she may not be able to defend the said case effectively.
5. Learned counsel for the respondent submits that though the respondent does not admit the allegations made against him, he has no objection to transfer the case as prayed for.
6. Admittedly, two cases filed by the petitioner against the respondent for maintenance etc., are already pending in Courts at Davangere. She has no source of her own income.
7. Having regard to the submissions of the learned counsel for the respondent and facts and circumstances of the case, it is just and expedient to withdraw and transfer the case as prayed for. Therefore, petition is allowed.
8. M.C.No.96/2018 pending on the file of the II Additional Senior Civil Judge, Chitradurga is hereby withdrawn and transferred to the Family Court, Davangere for disposal in accordance with law.
Sd/- JUDGE KG