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petition in G W.C.No.5/2015 be withdrawn from the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