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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.
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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.
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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
