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2017 DIGILAW 275 (KAR)

Supriya (Nayana) K. S. v. Naveen S. S/o. Srinivasa S.

2017-02-03

A.S.BOPANNA

body2017
JUDGMENT : This Civil petition is filed under Section 24 of CPC praying to withdraw M.C. No.3276/2016, pending on the file of the IV Addl. Principal Judge, Family Court, Bengaluru and to transfer the same to the Court to be tried by the Court of the Civil Judge (Sr.Dn.), Madikeri, 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Court made the following: ORDER The petitioner is before this Court seeking that the petition in M.C. No.3276/2016 be withdrawn from the Court of the IV Additional Principal Judge, Family Court, Bengaluru and transfer the same to the Court of the Senior Civil Judge, Somwarpet, Kodagu District. 2. The petitioner is the wife of the respondent. Due to certain differences in their married life, they are residing separately. The respondent herein has instituted the petition in M.C. No. 3276 of 2016 before the Family Court at Bengaluru. The petitioner who is arrayed as respondent therein is before this Court in this petition seeking that the same be withdrawn from the said Court and be transferred to the Court at Somwarpet, Kodagu District. 3. The learned counsel for the respondent would submit that the Court at Bengaluru has jurisdiction to entertain the petition and as such the instant petition as filed is not justified. 4. Having taken note of the contention, I have perused the petition papers in the light of the submission made by the learned counsel for the parties. The fact that the marriage had taken place on 28.05.2015 at Somwarpet, Kodagu is not in dispute. If that be the position, the said Court also would have jurisdiction to entertain the petition. In any event, it is seen that the petitioner has also initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 which is pending in Crl. Misc. 280/2016 before the Court of the Principal Civil Judge and JMFC, Somwarpet. If that be the position, in addition to the Court having jurisdiction, it would also be to the convenience of the parties if both proceedings are conducted at the same place. In that view, the prayer made in the petition is accepted. It is ordered that the petition in M.C. No.3276/2016 be withdrawn from the file of the IV Additional Principal Judge, Family Court, Bengaluru and the same be transferred to the Court of the Civil Judge (Sr. In that view, the prayer made in the petition is accepted. It is ordered that the petition in M.C. No.3276/2016 be withdrawn from the file of the IV Additional Principal Judge, Family Court, Bengaluru and the same be transferred to the Court of the Civil Judge (Sr. Div.) Somwarpet, Kodagu District. The parties shall appear before the transferee Court without issue of fresh notice on 23.02.2017 at 11.00 a.m. as the first date for appearance. The Court below thereafter shall regulate the proceedings in accordance with law. Petition is accordingly disposed of.