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Mrs. Sumaya Khanam vs Mr. Abu Umar on 10 December, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF DECEMBER 2018

BEFORE

THE HON’BLE MR. JUSTICE S.G.PANDIT

CIVIL PETITION NO. 90/2016

BETWEEN:

Mrs. Sumaya Khanam
Aged about 21 years
W/o. Abu Umar
No.437, Shanthinagar
Mysuru – 570017. … Petitioner

(By Sri. P. Nataraju, Advocate)

AND:

Mr. Abu Umar
Aged about 27 years
S/o Ahmedulla Qureshi
No.416/2, 14th Cross
Fathima Layout
New Shoe Factory
Bengaluru – 560045. …Respondent

(By Sri. C. Shankar Reddy, Advocate)

This petition is filed under Section 24 of CPC, praying to
transfer the GWC No.215/2015 filed by the respondent pending
on the file of the Prl. Judge, Family Court at Bengaluru to the
Family Court at Mysore and etc.
2

This petition coming on for Admission this day, the Court
made the following:-

ORDER

The petitioner is before this Court under Section 24 of

the CPC seeking transfer of GWC No.215/2015 pending on

the file of Principal Judge, Family Court at Bengaluru to the

Family Court at Mysuru.

2. Learned counsel for the petitioner submits that

petitioner and respondent’s marriage was solemnized on

10.10.2011 as per the customs prevailing in their

community and from their wedlock, they have boy child, now

aged about five years. It is submitted that petitioner-wife is

residing with her parent’s along with her child. She has no

independent income of her own. Respondent-husband has

initiated petition under Section 25 of the Guardian and

Wards Act, 1890, which is pending before the Family Court

at Bengaluru.

3

3. Learned counsel for the respondent submits that

petitioner had filed C.Mis. No.105/2016 under Section 125

of Cr.P.C., before the Family Court, Mysuru. The said

petition was allowed and respondent was directed to pay a

sum of Rs.2,500/- per month to the son and Rs.7,000/- to

the wife, against which, respondent filed writ petition before

this Court, which is pending for consideration. The learned

counsel for the respondent submits that respondent is

working as a Coolie in the Masjid and earning a sum of

Rs.250/- per day and it is difficult for him to travel from

Bengaluru to Mysuru if the case is transferred to Mysuru.

4. The petition is one for transfer of GWC No.215/

2015 pending on the file of Principal Judge, Family court,

Bengaluru to Family Court, Mysuru. Petitioner has to look

after her child aged about five years and has no income of

her own and she has to depend upon her parents for day-to-

day needs. Normally, in a transfer petition, the convenience

of the wife is to be looked into. In the case on hand, as
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already stated above, petitioner has a small child and she

has no income of her own and she is residing with her

parents. Therefore, in my view the balance of convenience

lies in favour of the wife. It would be difficult for her to travel

from Mysuru to Bengaluru to attend the case on every date

of hearing or on the date when the presence of her is

required. Thus, petition deserves to be allowed. Hence, the

following:

ORDER

Civil Petition is allowed.

GWC.No.215/2015 pending on the file of

Principal Judge, Family Court at Bengaluru is

withdrawn and same is transferred to the Family

Court at Mysuru, for disposal in accordance with

law.

Sd/-

JUDGE

SN

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