IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2018
BEFORE
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
CIVIL PETITION NO.249/2016
Between:
Smt. Thanuja
W/o Shivakumar
D/o Vishwanathaswamy
Aged about 31 years
R/a Danduru Village
Danduru Post, Shivani Hobli
Tarikere Taluk
Chikkamagaluru Dist-577549. … Petitioner
(By Sri. Nayeem Pasha.S, Advocate)
And:
Sri. Shivakumar
S/o Shanthaveerappa
Aged about 40 years
R/o Kondajji Koppalu Village
Sige Post, Salagame Hobli
Hassan District-573219. … Respondent
(By Sri.Shripad.V.Shastri, Advocate)
This Civil Petition is filed Under Sec.24 of CPC,
praying to transfer the Matrimonial Petition vide MC No.
71/2016, pending on the file of the Hon’ble Prl. Judge,
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Family Court at Hassan, to the Hon’ble Prl. Family
Court at Tarikere, Chikmagaluru District and etc.,
This Petition coming on for admission, this day,
the Court made the following:
ORDER
Heard Sri Nayeem Pasha, learned counsel
appearing for petitioner and Sri Shripad V Shastri
appearing for respondent. Perused the records.
2. Marriage between petitioner and respondent
was solemnized on 19.08.2002 at Aralepete, Hassan
district and from said wedlock a son and a daughter are
born. On account of certain disputes having arisen
between them in the year 2015 petitioner is said to be
residing at her parental home at Danduru village,
Tarikere taluk, Chikkamagaluru district. Alleging that
respondent – husband was not maintaining petitioner
and her children she has filed C.MIS. No.653/2015,
which is pending on the file of Civil Judge, (Sr. Dn.),
Tarikere. Petitioner has also lodged a complaint against
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respondent before Ajjampura police station alleging that
there was demand for dowry and harassment to her
which complaint is registered in Crime No.102/2015 for
the offence punishable under Sections 506, 498A, 504
read with Section 34 of IPC and Section 3 and 4 of
Dowry Prohibition Act, 1961.
3. On service of notice in C.MIS.No.653/2015
respondent is said to have appeared before the Civil
Judge, JMFC, Tarikere and contesting the said
proceedings. Subsequently thereafter he has filed M.C.
No.71/2016 before the Principal Judge, Family Court at
Hassan for dissolution of marriage. Hence petitioner –
wife is seeking for transfer of the said proceedings from
Family Court, Hassan to Civil Judge (Sr. Dn.), Tarikere.
4. Shripad V Shastri, learned counsel
appearing for the respondent having vehemently
opposed the prayer for transfer has not disputed the
fact that the proceedings in Crime No.102/2015 and
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C.MIS.No.653/2015 are pending before the courts at
Tarikere, where the respondent – husband has been
appearing and contesting the matter. That apart it is
also noticed that children being minors and are school
going they have to be taken care of by petitioner and as
such to attend the case in M.C. No.71/2016 at Family
Court, Hassan by traveling a distance of 112 kilometers
which consumes atleast 3 to 4 hours road journey
would cause great hardship to petitioner. Hence this
Court is of the considered view that in the scale of
comparative hardship respondent is likely to suffer
lesser hardship, he has been carrying on agricultural
operations which is seasonal or to put it differently,
petitioner would be put to more hardship if her prayer is
refused. Hence the following order.
ORDER
Civil Petition is hereby allowed. M.C. No. 71/2016
pending on the file of Principal Judge, Family Court,
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Hassan is ordered to be transferred to Civil Judge (Sr.
Dn.) Tarikere, Chikkamagaluru district.
Both the parties are directed to appear on
06.06.2018 before the transferee Court. The Family
Court at Hassan shall take immediate steps to transfer
the case papers to the transferee Court at Tarikere.
SD/-
JUDGE
ykl