Smt M K Dechamma @ Divya vs Sri Ayappa K J on 9 June, 2017

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9TH DAY OF JUNE, 2017

BEFORE

THE HON’BLE MR. JUSTICE A.S. BOPANNA

CIVIL PETITION NO.133/2016
BETWEEN:

SMT.M.K.DECHAMMA @ DIVYA
W/O AYAPPA K.J
AGE: 30 YEARS
R/O NO.391, 1ST MAIN
JAGAJYOTHI LAYOUT
MARIYAPANAPALYA
BENGALURU – 560 056. … PETITIONER

(BY SRI S.D.N.PRASAD, ADV.)

AND:

SRI.AYAPPA K.J
S/O JOYAPPA K.B
AGE: 35 YEARS
R/O BALIYAMANDUR VILLAGE POST
VIRAJPET TALUK
SOUTH KODAGU. … RESPONDENT

(BY SRI S.R.HEMANTH KUMAR, ADV.)

THIS CIVIL PETITION IS FILED UNDER SEC.24 OF
CPC, PRAYING TO TRANSFER G WC NO.05/2015 ON THE
FILE OF THE CIVIL JUDGE (SR.DIV) JMFC COURT AT
VIRAJPET TO FAMILY COURT AT BENGALURU AND GRANT
SUCH OTHER ORDERS/S AS THIS HON’BLE COURT DEEMS
FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN
THE INTEREST OF JUSTICE AND EQUITY.

THIS CIVIL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
2

ORDER

The petitioner is before this Court seeking that the

petition in G W.C.No.5/2015 be withdrawn from the

file of the Civil Judge and JMFC, Senior Division,

Virajpet and the same be transferred to the Family Court

at Bengaluru.

2. The petitioner is the wife of the respondent.

Due to certain disputes in their married life, they are

residing separately. They have a minor child named

Dany Nanjappa. The respondent herein has filed the

petition under Sections 7 and 10 of the Guardians and

Wards Act before the Court at Virajpet and the same is

registered as G W.C.No.5/2015. The petitioner-wife is

presently residing at Bengaluru and as such, the

READ  Sau. Sangeeta S. Zade-vs-State Of Maharashtra Through on 7 October, 2006

petitioner contends that it would not be possible for her

to travel and defend the petition effectively before the

Court at Virajpet.

3. In addition to the contention as putforth by

the petitioner, what is also to be noticed is that the very

prayer in the petition filed before the Court below is to
3

appoint the respondent as the guardian and also for

custody of the child. The said prayer would indicate that

the child is presently residing with the petitioner, who is

the mother and if that be so, the petition in any event

would have to be instituted at the place where the child

is residing.

4. Keeping this aspect in view, as also the

convenience of the parties, the prayer made in the

petition is accepted. It is ordered that the petition in G

W.C.No.5/2015 pending on the file of the Senior Civil

Judge and J.M.F.C, Virajpet be withdrawn and the same

be transferred to the Family Court, Bengaluru. The

transferee Court shall issue notice to the parties and

thereafter proceed with the matter in accordance with

law.

The petition is accordingly disposed of.

Sd/-

JUDGE

ST

Leave a Comment

Your email address will not be published. Required fields are marked *