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2010 DIGILAW 110 (KAR)

Jyothisree R. v. R. Chidananda

2010-01-28

H.BILLAPPA

body2010
Judgment :- (1) The petitioner has filed this petition under Section 24 of C. P. C. praying for transfer of M. C. No. 14/2009, which is pending on the file of the Principal Civil Judge (Sr. Dn.) and C. J. M. at Shimoga to the Family Court at Bangalore. (2) It is stated in the petition, the petitioner is staying at Bangalore and she is employed in ESI hospital at Bangalore. It is also stated that the daughter of the petitioner is studying in II PUC at Bangalore and it is difficult for the petitioner to travel to Shimoga every time to attend the case. It is therefore, the petitioner has prayed for transfer of M. C. No. 14/2009 to the Family Court at Bangalore. (3) The respondent has filed his objections contending that M. C. No. 24/2005 which was filed at Chitradurga was transferred to Shimoga at the instance of the petitioner and the maintenance petition filed by the petitioner is pending at Shimoga before the JMFC Court and if the case is transferred to Bangalore the respondent will be put to great hardship and therefore, has prayed for dismissal of the petition. (4) The learned counsel for the petitioner contended that the petitioner is staying at Bangalore and she is employed in ESI Hospital at Bangalore and the daughter of the petitioner is studying at Bangalore in 11 PUC and therefore, it is difficult for the petitioner to travel to Shimoga every time to attend the case. He also submitted that the suit filed by the petitioner for maintenance of her daughter in O. S. No. 445/2009 is pending before the City Civil Court at Bangalore and the respondent is attending the said case. He, therefore, submitted that M. C. No. 14/2009 may be transferred to the Family Court at Bangalore. (5) As against this, the learned counsel for the respondent submitted that the case filed at Chitradurga was transferred to Shimoga at the instance of the petitioner and the maintenance case is pending at Shimoga and if the case is transferred to Bangalore the respondent will be put to great hardship and therefore, the petition may be dismissed. (6) I have carefully considered the submissions made by the learned counsel for the parties. (7) The point that arises for any consideration is, whether the petition needs to be transferred to the Family Court at Bangalore? (6) I have carefully considered the submissions made by the learned counsel for the parties. (7) The point that arises for any consideration is, whether the petition needs to be transferred to the Family Court at Bangalore? (8) It is relevant to note the petitioner is staying at Bangalore. She is employed in ESI Hospital at Bangalore. The daughter of the petitioner is studying at Bangalore in II PUC. The case filed by the petitioner for maintenance of her daughter is pending before the City Civil Court in O. S. No. 445/2009. The respondent is attending the said case. The respondent is staying at Chitradurga. He attend the case at Bangalore instead of Shimoga. Therefore it is proper to transfer the case to the Family Court at Bangalore. (9) Accordingly, the Civil Petition is allowed and M. C. No. 14/2009, which is pending on the file of the Prl. Civil Judge (Sr. Dn.) and C. J. M. at Shimoga is transferred to the Family Court at Bangalore. The Principal Civil Judge (Sr. Dn.) and C. J. M. at Shimoga shall transfer the matter to the Family Court at Bangalore within one month from the date of receipt of a copy of this order. The Family Court at Bangalore shall dispose of the matter on merits. Petition allowed.