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Smt Shruthi T R vs Sri Vijay H M on 27 September, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF SEPTEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CIVIL PETITION No.4 OF 2019

BETWEEN

Smt. Shruthi T R
W/o Vijay H M
Aged about 30 years
R/at “Swarnagouri”
Behind Renukacharya
Kalyana Mantapa
Vijayapura
Chikkamagaluru – 577 101
…Petitioner
(By Sri K.S.Ganesha, Advocate)

AND

Sri Vijay H M
S/o Sri Siddeshawara H M
Aged about 34 years
R/at No.678/B23, 4th Main
4th Cross, Shivakumaraswamy
Layout, 2nd Stage
Davanagere – 577 001
…Respondent
(By Sri Prabhugoud B Tumbigi, Advocate)

This Civil Petition is filed under Section 24 of CPC,
praying this Court to transfer M.C.No.317/2018 pending on
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the file of the Family Court, Davanagere to Family Court,
Chikkamagaluru.

This Civil Petition coming on for admission this day,
the Court made the following :

ORDER

Heard the petitioner’s counsel and the respondent’s

counsel.

2. This petition is filed by the wife seeking

transfer of MC No.317/2018 pending on the file of Principal

Judge, Family Court, Davanagere to Family Court,

Chikkamagaluru.

3. It is stated in the petition that the wife has

instituted two proceedings against her husband; one under

the provisions of Protection of Women from Domestic

Violance Act and another is a Criminal case registered in

connection with an offence punishable under Section 498A

of IPC. The respondent is coming to Chikkamagaluru

Court to attend these two cases. The next ground is that
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she finds it difficult to travel to Davanagere as she has

financial problem.

4. The only objection raised by the respondent’s

counsel is that the respondent is doing P.hd. and therefore

it is not possible for him to go to Chikkamagaluru.

5. I do not think that the objections raised by the

respondent can be taken into consideration, because, he is

already attending the Courts at Chikkamagaluru in

connection with two other cases instituted by the wife. He

may not find it difficult to attend the Court in connection

with MC No.317/2018 also if it is transferred to

Chikkamagaluru Court.

6. The petitioner has taken shelter in her parents

house and probably she may find it difficult to bear the

travel expenses. For all these reasons this petition may be

considered. Therefore the following:
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ORDER

Petition is allowed.

M.C.No.317/2018 pending on the file of

the Principal Judge, Family Court, Davanagere

is ordered to be transferred to Family Court,

Chikkamagaluru for disposal according to law.

All the records in M.C.No.317/2018 shall

be transmitted to Family Court,

Chikkamagaluru immediately.

SD/-

JUDGE

KMV/-

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