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2010 DIGILAW 114 (KAR)

G. Anitha v. Dhanjaya H

2010-01-29

H.BILLAPPA

body2010
Judgment :- (1) The petitioner has filed this petition under Section 24 of CPC, praying for transfer of M.C.No 17/2009, which is pending on the the file of the Civil Judge (Sr.Dn.) at Hiriyur to the Family Court at Bangalore. (2) It is stated in the petition, the petitioner is staying at Bangalore and the petitioner and the respondent stayed at Bangalore after the "marriage. It is also stated that the petitioner has got a child by name Rithwik and he is aged about 3 1/2 years and he is suffering from Cerebral Palsy and the petitioner is without any means and therefore it is difficult for the petitioner to travel to Hiriyur every time to attend the case. It is therefore, the petitioner has prayed for transfer of M.C.No. 17/2009 to the Family Court at Bangalore. (3) The learned Counsel for the petitioner contended that the petitioner is staying at Bangalore and the petitioner has got a child by name Rithwik and he is aged about 3 1/2 years and he is suffering from Cerebral Palsy and the petitioner is without any means and therefore, it is difficult for the petitioner to travel to Hiriyur every time to attend the case and therefore, the case may be transferred to Family Court at Bangalore. (4) The learned Counsel for the respondent submitted that the respondent is staying at Hiriyur and if the case is transferred to Bangalore, the respondent will be put to great hardship and therefore, the petition may be dismissed. 5.I have carefully considered the submissions made by the learned Counsel for the parties. 6.I find considerable force in the submission of the learned Counsel for the petitioner. It is not in dispute that the petitioner is staying at Bangalore. The petitioner and the respondent have stayed at Bangalore after the marriage. The petitioner has got a child by name Rithwik and he is aged about 3 1/2 years and he is suffering from Cerebral Palsy. The petitioner is without any means. Therefore, it is difficult for the petitioner to travel to Hiriyur every time to attend the case. Therefore, it is proper to transfer the case to the Family Court at Bangalore. Accordingly, the civil petition is allowed and M.C.No. 17/2009 which is pending on the file of the Civil Judge (Sr.Dn.) at Hiriyur is transferred to the Family Court at Bangalore. Therefore, it is proper to transfer the case to the Family Court at Bangalore. Accordingly, the civil petition is allowed and M.C.No. 17/2009 which is pending on the file of the Civil Judge (Sr.Dn.) at Hiriyur is transferred to the Family Court at Bangalore. The Civil Judge (Sr.Dn.) at Hiriyur 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.