Chaitra K. G. D/o T. H. Guddappa v. Srinath C. S/o Chowdappa
2017-02-06
A.S.BOPANNA
body2017
DigiLaw.ai
ORDER : The petitioner is before this court seeking that the petition in M.C. No. 2029 of 2016 be withdrawn from the file of the Family Court at Bengaluru and the same be transfer red to t he court at Davanagere. 2. The respondent has filed the petition in M.C. No. 2029 of 2016 under Section 9 of the Hindu Marriage Act, seeking restitution of conjugal rights. The petitioner herein contends that, due to the misunderstanding with the respondent, she is presently residing with her parents at Davanagere. Reference is made to the proceedings initiated at Davanagere in M.C. No. 105 of 2016 and also a complaint filed in Crime No.33/2016. In that light, it is contended that when the said proceedings are pending before the court at Davanagere, if the instant petition in M.C. No. 2029 of 2016 is proceeded at Bengaluru, the petitioner would be put to hardship. 3. The respondent has filed a detailed objection statement objecting to the prayer made in the petition. Considering that the averments with regard to the main dispute between the parties is also adverted to in the petition and objection, the details need not be recorded herein. However, the ultimate case of the respondent in the objection statement is that the prayer as sought in the petition is not liable to be granted and the petitioner also alleges that it would not be safe for the respondent to go over to Davanagere to defend the petition. 4. Having taken note of the rival pleadings and having heard the learned counsel for the petitioner and as also the respondent in person, I have referred to the proceedings that was conducted before this court on the earlier hearing date. The order dated 25.01.2017 records that the parties were present before this court and on taking note of the submissions made by them, this court was inclined to find out as to whether all the cases which are pending could be transferred to a third place, regarding which both the parties cannot have any grievance. 5. When the petition is taken up today for consideration, it is seen that such consensus has not been arrived between the parties and in that context, this court is constrained to consider the instant petition limiting it to the prayer made herein.
5. When the petition is taken up today for consideration, it is seen that such consensus has not been arrived between the parties and in that context, this court is constrained to consider the instant petition limiting it to the prayer made herein. In a matter of the present nature, in a normal circumstance, when it is shown that the other proceedings amongst the parties is pending at Davanagere, it would have been appropriate for this court to transfer the instant petition to Davanagere. It is also true that in a circumstance of the present nature, keeping in view the nature of the objection that is putforth, it would also be appropriate for this court to consider as to whether all proceedings should be held at Bengaluru. But, in the present circumstance, since I have already indicated that the parties have not entered into a consensus with regard to the place which would be convenient to both and since the hardship of the petitioner could be alleviated to some extent, I find it appropriate that the petition be allowed in part and the petition filed at Bengaluru be transferred to the Court at Tumkur, so that both the parties could attend the Court without making any allegations of threat to each other at one place or the other. It is made clear that the pendency of the other proceedings shall also be taken note by the Court at Tumkur while considering the matter on its merits in the backdrop of the relief claimed. 6. In that view, a direction is issued to withdraw M.C. No. 2029 of 2016 from the Court of the IV Additional Principal Judge, Family Court, Bengaluru and the same be transferred to the Family Court at Tumkur. The parties shall appear before the Family Court at Tumkur without issue of fresh notice on 28.02.2017 as the first date for appearance. On receipt of the papers, the Court below shall proceed further in accordance with law. Petition is accordingly disposed of.