IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA CIVIL PETITION NO.263/2016 BETWEEN:
VEDAVATHI @ SONI, W/O. SRI.JAGADISH.B.G @ MANJUNATH, AGED ABOUT 26 YEARS, R/O. YALAKKAPPA NILAYA, 1ST CROSS, NEAR MASJID, MARNAMIBAILU, SHIMOGA – 577201. ... PETITIONER (BY SRI R.GOPAL, ADV.) AND:
SRI.JAGADISH.B.G @ MANJUNATH, S/O SRI.GOVINDHAIAH, AGED ABOUT 27 YEARS, R/O NO.8, 6TH CROSS, 2ND MAIN ROAD, JAI MARUTHI NAGAR, NANDINI LAY-OUT, BANGALORE – 560 096. ... RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO WITHDRAW MC NO.2704/2016 PENDING ON THE FILE OF VI ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU AND TRANSFER THE CASE TO THE FAMILY COURT AT SHIVAMOGGA FOR DISPOSAL IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court seeking that the petition in M.C.No.2704/2016 pending on the file of the VI Additional Principal Judge, Family Court, Bengaluru be withdrawn and the same be transferred to the Family Court at Shimoga to be considered in accordance with law.
2. The petitioner is the wife of the respondent.
The relationship is not disputed. The respondent has filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of marriage, in M.C.No.2704/2016 before the Family Court at Bengaluru. The petitioner herein, who is the wife has filed the instant petition seeking that the said petition be withdrawn and be transferred to the Family Court at Shimoga, as she is presently residing there with her parents and it would not be possible for her to travel to Bengaluru and defend the petition.
3. Notice of this petition was ordered to the respondent. The respondent though served has not chosen to appear and oppose this petition.
4. In that light, a perusal of the petition papers would disclose that, even as per the averments made by the respondent herein in his petition before the Court below, the marriage of the parties was solemnized on 24.10.2013 at Shimoga and in any event, the Court at Shimoga would have jurisdiction to entertain the petition. It is also seen that the petitioner herein is presently residing with her parents at Shimoga and a child aged less than three years is also with her. Further, from the averments made in the petition filed before the Court below, it is also seen that the petitioner herein has instituted the criminal proceedings under Section 498(A) of the Indian Penal Code which is pending before the Court at Shimoga and the respondent herein in any event will have to travel to Shimoga to defend the said petition.
5. Therefore, if all these aspects of the matter are kept in view and the convenience of the parties is also kept in perspective, the prayer made in the petition is liable to be accepted. Accordingly, it is ordered that the petition in M.C.No.2704/2016 be withdrawn from the file of the VI Additional Principal Judge, Family Court, Bengaluru and the same be transferred to the Family Court at Shimoga. The transferee Court shall thereupon issue notice to the parties and proceed with the matter in accordance with law.
The petition is accordingly disposed of.
Sd/- JUDGE ST