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Judgments of Supreme Court of India and High Courts

Smt. S. V. Shylaja vs Sri. N. A. Anilkumar on 23 February, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF FEBRUARY 2018

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CIVIL PETITION NO.179/2017

BETWEEN:

SMT. S. V. SHYLAJA,
AGED ABOUT 32 YEARS,
W/O. N A ANILKUMAR
D/O. Y VENKATASWAMY,
R/O. NO. 1239/1,
OPPOSITE POLICE QUARTERS,
SARJAPURA, ANEKAL TALUK,
BENGALURU URBAN DISTRICT,

PRESENTLY RESIDING AT
NO. 2281, 1ST FLOOR,
16TH CROSS, 1ST SECTOR,
HSR LAYOUT, BEHIND
PARATHAM MOTORS,
BENGALURU 560043
… PETITIONER
(BY SRI LETHIF B, ADV.)

AND

SRI. N. A. ANILKUMAR
S/O. R. ALLAPPA,
AGED ABOUT 32 YEARS,
R/O. MATHRU KRUPA,
2

NO. 172, 8TH CROSS,
GANGOTHRI ROAD,
SIT EXTENSION,
TUMKUR CITY 572 101
… RESPONDENT
(BY SRI K R RAMESH, ADV. )

THIS CIVIL PETITION IS FILED UNDER SEC.24 OF
CPC, PRAYING THIS HON’BLE COURT TO DIRECT
TRANSFER OF MC NO. 43/2016 ON THE FILE OF
HON’BLE PRL. JUDGE, FAMILY COURT AT TUMKUR TO
ANY FAMILY COURT AT BENGALURU HAVING ITS
JURISDICTION AND PASS SUCH OTHER ORDER OR
ORDERS AS THIS HON’BLE COURT MAY DEEM FIT IN
THE CIRCUMSTANCES OF THE CASE IN THE ENDS OF
JUSTICE AND EQUITY.

THIS CIVIL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Heard the learned counsel for the petitioner and the

learned counsel for the respondent. Perused the records.

2. The petitioner-wife has sought for transfer of

M.C.43/2016 on the file of Prl. Judge, Family Court at

Tumkur to the Family Court at Bangalore which is

having jurisdiction to pass orders.
3

3. It is an admitted fact that, the petitioner and

respondent are respectively wife and husband. It is also

not disputed that, some of the cases filed by the

petitioner herein are pending before the Anekal Court

under the Domestic Violence Act and under IPC alleging

offences under Section 498A and other provisions.

4. It is contended by the learned counsel for the

petitioner that the petitioner-wife is a practicing advocate

at Bangalore and she has to attend cases at Bangalore

regularly. Knowing fully well that, some cases are already

pending at Anekal Court, in order to cause inconvenience

to the petitioner-wife, the respondent-husband has filed

M.C.43/2016 at Tumkur, for Divorce, under Hindu

Marriage Act.

5. The learned counsel for the respondent

contends that, if the case is transferred to Bangalore or

to Anekal, it will cause inconvenience and great hardship

to the respondent.

4

6. Having heard the arguments, the main object

and motto of transfer of case from one court to another

court is to avoid inconvenience to the parties and

facilitate them to attend the court with ease.

7. Admittedly, in the instant case, some cases

are pending at Anekal court and respondent anyhow has

to travel from Tumkur to Anekal to attend the said cases.

On the other hand, the petitioner is a practicing advocate

at Bangalore. Therefore, inconvenience that may be

caused to petitioner-wife may be avoided if the case at

Tumkur is transferred to Bangalore. Anyhow respondent

has to attend the cases at Anekal, he can very well

manage to attend the case at Bangalore also.

8. Under the above facts and circumstances of

the case and to avoid inconvenience to atleast one of the

parties, transfer sought by the petitioner-wife can be

granted. Hence, the following order is passed:
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ORDER

a) The petition is allowed.

b) The case in M.C.43/2016 pending on the file of
Prl. Judge, Family Court, Tumkur is hereby
withdrawn and the same is transferred to Family
Court, Bangalore.

c) Transferor Court is hereby directed to transmit
the entire records to the transferee court.

d) Both the parties agree that they would appear
before the Prl.Judge, Family Court Bangalore on
14.3.2018 along with the copy of this order.

Sd/-

JUDGE

DM

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