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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER 2018
BEFORE
THE HON’ BLE MR. JUSTICE S.G. PANDIT
CIVIL PETITION No.192/2016
BETWEEN:
NANCY SUREKHA
W/O SANDEEP KUMAR
#612, 3RD CROSS, 4TH BLOCK
1ST STAGE, HBR LAYOUT
BANGALORE-43.
… PETITIONER
(BY SRI N GHOPAL, ADV.)vcf
AND:
SRI SANDEEP KUMAR
S/O LATE S KUMAR
#12-1-170, JERUSALEM COLONY
BEHIND KARNATAKA COLLEGE
BIDAR, KARNATAKA-585401.
… RESPONDENT
(BY SRI S SURESH KUMAR, ADV.-ABSENT)
********
THIS CIVIL PETITION IS FILED UNDER SEC.24 OF
CPC, PRAYING THIS COURT TO TRANSFER THE
M.C.NO.39/2015, ON THE FILE OF PRINCIPAL SENIOR
CIVIL JUDGE AT BIDAR TO BENGALURU FAMILY COURT
IN BENGALURU.
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THIS CIVIL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner is before this Court under Section
24 of Code of Civil Procedure, 1908, seeking transfer of
M.C.No.39/2015 pending on the file of Principal Senior
Civil Judge at Bidar, to the Family Court at Bengaluru.
2. Heard the learned counsel for the petitioner. None
appeared for the respondent on 3.12.2018 as well as
today.
3. The learned counsel for the petitioner submits
that the petitioner and the respondent’s marriage was
solemnized on 10.10.200. From the wedlock they have
a male child, who is now studying in 3rd standard at
Bengaluru. It is submitted that the petitioner is
working at Bengaluru and it would be difficult for her to
travel from Bengaluru to Bidar to attend M.C. case filed
by the respondent, along with her minor child. The
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respondent filed M.C.No.39/2015 before the Principal
Senior Civil Judge at Bidar under Section 10 (1) of
Indian Divorce Act, 1869, seeking decree of divorce.
The respondent – husband has filed objection
contending that the petitioner has filed a case under
Section 498A of IPC and under Protection of Women
from Domestic Violence, Act 2005, which are pending at
Bengaluru. At paragraphs 9 and 10 of the statement of
objections, it is stated by the respondent – husband
that the respondent is likely to withdraw the
M.C.No.39/2015 pending on the file of Principal Senior
Civil Judge at Bidar.
4. From the petition averments and from the
objections of the respondent it is clear that the cases
filed under Section 498A of IPC and also the case filed
under Dowry Prohibition Act is pending at Bangalore.
Further it is seen that the child is with the petitioner-
wife, who is studying in 3rd standard at Bengaluru. In a
case of this nature, the Court shall have to see the
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convenience of the parties. The respondent has filed
M.C. case in the Family Court at Bidar. It would be
difficult for the petitioner-wife to travel along with the
child, who is studying at Bangalore to attend the case at
Bidar.
5. Therefore, I am of the view, that M.C.No.39/2015
pending on the file of Principal Senior Civil Judge at
Bidar, be transferred to the Family Court at Bengaluru.
Hence the following :-
ORDER
i. The petition is allowed.
ii. M.C.No.39/2015 pending on the file of the
Principal Senior Civil Judge at Bidar, is
withdrawn and transferred to the Family
Court, Bengaluru, for disposal in accordance
with law.
Sd/-
JUDGE
NG* CT:bms
