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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2019
BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE
CIVIL PETITION NO.202 OF 2016
BETWEEN:
M.K.Sandyakumari
W/o.B.J.Punith,
Aged about 32 years,
Residing at No.147, 2nd Cross,
Near Byraveshwara School,
Basavanagudi, Hebbal,
Mysuru City District. … Petitioner
(By Sri. Veerabhadra Swamy.H.P, Advocate for
Sri. Jagadeesh.C.M, Advocate)
AND:
B.J.Punith
S/o. B.G.Jagadish,
Aged about 33 years,
Residing at Patel Beedi,
Bettadapura, Periyapatna Taluk,
Mysuru District-571 126. … Respondent
(By Sri.G.B.Manjunatha, Advocate)
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This Civil Petition is filed under Section 24 of CPC,
praying to transfer the case M.C.No.60/2015 pending
before the Senior Civil Judge JMFC, Periyapatna to
Family Judge Court at Mysuru, and etc..
This Civil Petition coming on for Admission, this
day, the Court made the following:-
ORDER
Sri. Veerabhadra Swamy H.P., learned counsel, for
Sri Jagadeesh C.M., learned counsel for the petitioner.
Sri. G.B. Manjunatha, learned counsel for the
respondent.
2. The Petition is admitted for hearing. With the
consent of the parties, the same is heard finally.
3. In this petition filed under Section 24 of the
Civil Procedure Code, 1908, the petitioner/wife, inter
alia, seeks transfer of proceedings instituted by the
respondent under Section 13 of the Hindu Marriage Act,
1955 before the Senior Civil Judge JMFC, Periyapatna,
to the Family Court at Mysuru.
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4. Learned counsel for the petitioner submitted
that the distance between Periyapatna and Mysuru is
80-100 Kms. The learned Counsel further submitted
that the petitioner has to take care of her minor son,
who is aged four years, and the petitioner has already
instituted the proceedings under Section 498A of IPC as
well as under the Domestic Violence Act at Mysuru, in
which the respondent has already entered appearance.
Therefore, the proceeding instituted by the respondent
at Periyapatna be transferred to the Court at Mysuru.
5. On the other hand, learned counsel for the
respondent has opposed the prayer and submitted that
the criminal proceedings are instituted against the
respondent in order to harass and victimize him. It is
further submitted that the distance between Periyapatna
and Mysuru is only 60 Kms. and the petitioner can
travel to the Court at Periyapatna.
6. I have considered the submissions made by
learned counsel for the parties and have perused the
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records. The Supreme Court in the case of Rajani
Kishor Pardeshi Vs. Kishor Babulal Pardeshi
[(2005) 12 SCC 237] has held that in a matrimonial
dispute, convenience of the wife is of the paramount
consideration.
7. In view of the aforesaid decision of the
Supreme Court and taking into account the fact that the
respondent has already entered appearance in the
proceedings instituted by the petitioner at Mysuru, it is
directed that the proceedings instituted by the
respondent under Section 13 of the Hindu Marriage Act,
1955, in M.C.No.60/2015 which is pending before the
Senior Civil Judge JMFC, Periyapatna shall stand
transferred to the Court of competent jurisdiction at
Mysuru.
8. Accordingly, this petition is disposed of.
Sd/-
JUDGE
CS/-
ct:rg
