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Smt. Thanuja vs Sri. Shivakumar on 5 April, 2018

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,
2

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
3

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
4

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

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