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2023 DIGILAW 12 (KAR)

Karuna v. Vinit

2023-01-02

M.G.S.KAMAL

body2023
JUDGMENT/ORDER 1. This civil petition is filed by the petitioner-wife under Sec. 24 of the Code of Civil Procedure seeking to transfer M.C.No.366/2022 on the file of the Family Court, Belagavi to the Principal Judge, Family court, Bengaluru. 2. Brief facts of the case are that, the marriage of the petitioner and the respondent was solemnized on 25/11/2020 at KPTCL Hall, Nehru Nagara, Belagavi in accordance with the customs and rituals of Hindu tradition. 3. That the petitioner was subjected to physical and mental harassment/cruelty by the respondent. That the petitioner is presently residing at Bengaluru at the address shown in the cause title along with her parents. That the respondent is working in USA and he has completely neglected the petitioner. Petitioner not being able to maintain herself, filed a petition under Sec. 125 of the Code of Criminal Procedure ("Cr.P.C." for short) in Crl.Misc.No.283/2022 before the Principal Judge, Family Court, Bengaluru which is pending for consideration. 4. That the petition filed by respondent husband under Sec. 13(1)(a) of Hindu Marriage Act at Belagavi is being prosecuted by his father to whom the respondent has authorized by executing a General Power of Attorney. The said petition is required to be transferred to Bengaluru as the petitioner is residing at Bengaluru and would cause hardship and inconvenience to the petitioner to travel to Belagavi. 5. The said petition is resisted by learned counsel for the respondent. Learned counsel for the respondent submits that, though the respondent is at USA, the matter is being pursued by his father who being a General Power of Attorney holder and the father of the respondent is aged and he has inconvenience to travel from Belagavi to Bengaluru to prosecute the matter. Therefore, it is submitted that, the prayer for transfer need not be considered. 6. Heard and perused the records. 7. It is not in dispute that, the petitioner's marriage with respondent was solemnized on 25/11/2020 at Belagavi. It is not in dispute that, the petitioner presently residing at Bengaluru at the address shown in the cause title. It is also not disputed that, the petitioner has filed petition under Sec. 125 of Cr.P.C. seeking maintenance, which is pending consideration before I Additional Principal Judge, Family Court, Bengaluru. It is not in dispute that, the petitioner presently residing at Bengaluru at the address shown in the cause title. It is also not disputed that, the petitioner has filed petition under Sec. 125 of Cr.P.C. seeking maintenance, which is pending consideration before I Additional Principal Judge, Family Court, Bengaluru. It is not in dispute that, the respondent husband is presently working at USA and that the proceedings initiated by him in M.C.No.366/2022 on the file of Family Court, Belagavi is prosecuted by his father as his Power of Attorney Holder. 8. Sec. 19 of the Hindu Marriage Act, 1955 mandates amongst other that the petition for divorce be filed either at the place where marriage has taken place or the place where the respondent is residing at the time of filing of petition. 9. In the instant case, the petitioner being wife, who is respondent in M.C.No.366/2022 filed by the respondent herein, is residing at Bengaluru. Even for the purpose of jurisdiction, under Sec. 19 of the Hindu Marriage Act, 1955 as noted above, petition is required to be filed before the Court at Bengaluru. Besides the contention that the petitioner would be put to inconvenience and hardship in prosecuting the matter effectively deserves to be accepted, particularly when the respondent-husband is at the USA. 10. In that view of the matter, the petition is hereby allowed. M.C.No.366/2022 on the file of the Family Court, Belagavi is directed to be withdrawn and transferred to the Principal Judge, Family Court, Bengaluru. 11. In view of disposal of the above petition, I.A.No.1/2022 does not survive for consideration and the same is disposed of accordingly.