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2018 DIGILAW 318 (KAR)

Shruthi K. A. , D/o Anand Ram Guptha v. Prashanth N. , S/o Narasimhaiah Shetty

2018-03-05

BUDIHAL R.B.

body2018
ORDER : 1. This petition is filed by the petitioner/wife under Section 407 of Cr.P.C. praying the Court to allow the petition and to order for transfer the case in M.C.22/2015 pending on the file of Senior Civil Judge and Prl. JMFC KGF, Kolar District, to Senior Civil Judge and CJM, Gowribidanur, Chikkaballapur District. 2. Heard the arguments of the learned counsel appearing for the petitioner/wife. Respondent though served with the notice, remained absent and there is no representation. 3. Brief facts of the case that petitioner is the legally wedded wife of the respondent. The respondent and his family members were insisting for additional dowry and they sent back the petitioner herein to her parental place at Gowribidanur and in that regard the petitioner herein filed the case against the respondent, which was registered in C.C.No.947/2015 by Bangarpet Police and it is pending on the file of Addl. Civil Judge (Sr.Dn.) & CJM Court, Bangarpet. The respondent has filed a case in M.C.No.22/2015 against the petitioner under Section 13(1)(1a) of Hindu Marriage Act before the Senior Civil Judge and Prl. JMFC, KGF at Kolar District. Thereafter, the petitioner has filed a case under Section 125 of Cr.P.C. for maintenance in CMC No.108/2015 before the Prl. Civil Judge, (Jr.Dn.) and JMFC at Gowribidanur, Chikkaballapur District, and also filed protection of Women from Domestic Violence Act in D.V. Act 2/2015 before the Prl. Civil Judge, (Jr.Dn.) and JMFC at Gowribidanur, against the respondent and both cases are pending in the Court at Gowribidanur. As petitioner, being a woman, is unable to travel and attend the case from Gowribidanur to KGF Kolar District, which is far away from Gowribidanur, she has filed the petition seeking transfer of M.C.No.22/2015 from the Court at KGF, Kolar, to the Court at Gowribidanur. 4. Looking into the factual matrix of the case, the petitioner herein has already filed two cases i.e., M.C.No.22/2015 and D.V. Act 2/2015, which are pending on the file of Court at Gowribidanur. Therefore, it is the contention of the petitioner that it is very difficult for her to travel to KGF, Kolar District, to attend the Court in M.C.No.22/2015, hence, on these grounds she sought for transfer of the case. 5. Even though the opportunity is given to the respondent/husband to appear in the matter and to submit his say, he remained absent and unrepresented. 5. Even though the opportunity is given to the respondent/husband to appear in the matter and to submit his say, he remained absent and unrepresented. Therefore, the grounds urged in the petition are remained unchallenged. 6. The petitioner has made out a case that other two cases, which are mentioned above, are pending before the Court at Gowribidanur, hence, the case pending at KGF, Kolar District, can be transferred to the Court at Gowribidanur. Accordingly, petition is allowed and the case in M.C.No.22/2015 pending on the file of Senior Civil Judge and Prl. JMFC KGF, Kolar District, is ordered to be withdrawn from the said Court and transferred to Senior Civil Judge and CJM, Gowribidanur, Chikkaballapur District.