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2023 DIGILAW 69 (KAR)

Vinuta Patil v. Amogh

2023-01-10

C.M.POONACHA

body2023
JUDGMENT/ORDER 1. Heard learned counsel for the petitioner. The respondent is served and unrepresented. 2. The above petition is filed seeking to transfer of M.C.No.6787/2018 pending on the file of the I Additional Principal Judge, Family Court at Bengaluru to the Family Court at Vijayapur. 3. It is the case of the petitioner that the petitioner and the respondent were married on 7/7/2016 as per Hindu rights and customs and that they were residing together in the matrimonial home at Bengaluru. However, since October, 2017, the parties are being residing separately. 4. The respondent/husband has filed M.C.No.6787/2018 under Sec. 13(1)(i-a) of the Hindu Marriage Act for dissolution of marriage, which is pending before the I Additional Principal Judge, Family Court at Bengaluru. The petitioner/wife has filed M.C.No.57/2019 under Sec. 9 the Hindu Marriage Act for restitution of conjugal rights, which is pending before the Principal Judge, Family Court at Vijayapur. The petitioner has entered appearance in M.C.No.6787/2018. However, the respondent has not entered appearance in M.C.No.57/2019. 5. It is the contention of the petitioner that while the parties were residing together at their matrimonial home at Bengaluru, at the instance of the respondent, the petitioner joined for an M.D. Course at Mysore and while she was pursuing the said course, the respondent, clandestinely, without even informing the petitioner left Bengaluru and is currently staying at California, USA and the proceedings in M.C.No.6787/2018 are being prosecuted through his father, who is also a GPA holder. It is the case of the petitioner that she is currently residing at Vijayapur at the address shown in the cause title. 6. In view of he aforementioned, it is clear that even the respondent is not residing at Bengaluru and it is expedient that M.C.No.6787/2018, which is pending before the I Additional Principal Judge, Family Court at Bengaluru be transferred to the Court of Principal Judge, Family Court at Vijayapur, where M.C.No.57/2019 is pending consideration. 7. In view of the aforementioned, I pass the following: ORDER a) The petition is allowed. b) The proceedings in M.C.No.6787/2018 pending before the I Additional Principal Judge, Family Court at Bengaluru shall stand transferred to the Principal Judge, Family Court at Vijayapur. 7. In view of the aforementioned, I pass the following: ORDER a) The petition is allowed. b) The proceedings in M.C.No.6787/2018 pending before the I Additional Principal Judge, Family Court at Bengaluru shall stand transferred to the Principal Judge, Family Court at Vijayapur. c) In order to ensure the effective appearance of the parties, both the parties are directed to appear before the Principal Judge, Family Court at Vijayapur on 2/2/2023 without requirement of issuance of any further notice in that regard. d) After appearance of the parties, the Principal Judge, Family Court at Vijayapur shall proceed further in accordance with law.