Research › Search › Judgment

Karnataka High Court · body

2019 DIGILAW 1373 (KAR)

Bharati v. Umesh K.

2019-06-21

P.G.M.PATIL

body2019
JUDGMENT : P.G.M. Patil, J. This is a petition filed under section 24 of CPC, seeking withdrawal of M.C. No.6306/2017, pending on the file of III Addl. Principal Judge, Family Court, Bengaluru and transfer the same to the Family Court at Hubballi. 2. The petition averments in brief are that, the petitioner has tied the nuptial knot with respondent on 5.5.2011. Out of the marital tie between the petitioner and the respondent, no issues were born. The petitioner is residing in her parental house situated at Hubballi along with her family members. The father of the petitioner is working in Railway Department. The respondent and his family members subjected her to mental as well as physical cruelty. She has filed a petition under section 125 of Cr.P.C. for maintenance against the respondent in Crl.Misc.No.256/2015, which is pending on the file of the Family Court, Hubballi. She has also filed a petition under section 12 of the Domestic Violence Act, against the respondent bearing Crl.Misc.No.201/2017, pending on the file of JMFC-II Court, Hubballi. The respondent has filed M.C.No.6306/2017, pending on the file of III Addl. Principal Judge, Family Court, Bengaluru. Except her father, there is no other male member to accompany her to travel from Hubballi to Bengaluru to attend the Court proceedings on all the dates of hearing. Her father will not get leave frequently. The distance between Hubballi and Bengaluru is around 400 kilometers. She is depending upon her father only and she is not in a position to meet out her daily expenses like food and shelter. Therefore she is not in a position to protect her interest in the said petition traveling from Hubballi to Bengaluru. Therefore she has sought for transfer of the said petition to the Family Court, Hubballi. 3. The respondent has appeared through his counsel. However he has not filed any objections on the petition. 4. Heard the learned counsel for the petitioner and the respondent. 5. A short question which arises for consideration of this Court in this petition is as to whether the petitioner has made out grounds for withdrawal of M.C.No.6306/2017 pending on the file of III Addl. Principal Judge, Family Court, Bengaluru and transfer the same to the Family Court, at Hubballi. 6. 5. A short question which arises for consideration of this Court in this petition is as to whether the petitioner has made out grounds for withdrawal of M.C.No.6306/2017 pending on the file of III Addl. Principal Judge, Family Court, Bengaluru and transfer the same to the Family Court, at Hubballi. 6. The respondent has not disputed the relationship and that he petitioner has filed a petition under section 125 of Cr.P.C. against the respondent in Crl.Misc.No.256/2015 which is pending on the file of Family Court, Hubballi and she has also filed another petition under section 12 of the Domestic Violence Act, which is pending in Crl.Misc.No.201/2017, on the file of JMFC-II Court, Hubballi. It is also not disputed that the petitioner is residing with her parents at Hubballi. 7. The learned counsel for the appellant relying on the judgment in the case of G.R. Bhuvaneshwari vs. G.S. Puttaraju, in C.A.No.5498/2017, decided by the Hon'ble Supreme Court on 21.4.2017, submitted that the petitioner in the present case is entitled to seek transfer of the matrimonial case pending in the Court at Bengaluru to the Family Court at Hubballi. 8. Per contra, the learned counsel for the respondent submitted that previously the respondent had filed M.C.No.3106/2015, on the file of III Addl. Principal Judge, Family Court, Bengaluru, seeking a decree for restitution of conjugal rights and when the said petition was pending, the petitioner herein had sought for transfer of the said petition to the Family Court, Hubballi, and later the transfer petition was withdrawn as the petition in M.C.No.3106/2015 was decreed. 9. As the petitioner has filed two criminal miscellaneous petitions one pending on the file of Family Court, Hubballi and the other pending on the file of the JMFC-II Court, Hubballi, the respondent herein is required to appear before the said Courts in order to participate in the proceedings. On the other hand, the petitioner has to travel around 400 kilometers from Hubballi to Bengaluru to participate in the proceedings in M.C.No.6306/2017. 10. Under these circumstances, for the convenience of the parties, it is just and necessary that the petition in M.C.No.6306/2017 pending on the file of III Addl. Principal Judge, Family Court, Bengaluru, be withdrawn and the same be transferred to the Family Court, Hubballi. Accordingly this Court holds that the petitioner has made out grounds for transfer of the said case as sought for. Principal Judge, Family Court, Bengaluru, be withdrawn and the same be transferred to the Family Court, Hubballi. Accordingly this Court holds that the petitioner has made out grounds for transfer of the said case as sought for. Hence the point for consideration is answered accordingly. 11. In the result, this Court proceed to pass the following: ORDER The civil petition filed under section 24 of CPC is allowed. The proceedings in M.C.No.6306/2017, pending on the file of III Addl. Principal Judge, Family Court, Bengaluru, are withdrawn and the same are transferred to the Family Court, Hubballi, for disposal, in accordance with law, preferably within a period of six months.