V Athulya Jyothi vs Mr Rahul Krishnan Nair on 17 November, 2020

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Karnataka High Court

V Athulya Jyothi vs Mr Rahul Krishnan Nair on 17 November, 2020

Bench: S.R.Krishna Kumar

                        1




IN THE HIGH COURT OF KARNATAKA, BENGALURU

 DATED THIS THE 17TH DAY OF NOVEMBER 2020

                     BEFORE

 THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

        CIVIL PETITION No. 200 OF 2019

BETWEEN:

V. ATHULYA JYOTHI
AGED ABOUT 33 YEARS
W/O RAHUL KRISHNAN NAIR
PRESENTLY R/AT
ASSISTANT PROFESSOR
ELECTRICAL DEPARTMENT
MANIPAL INSTITUTE OF
TECHNOLOGY (MIT) MANIPAL
AND ALSO AT SREEGIRI
ARUKALICKAL WEST
VAYALA, PARAKODE P.O.
PATHANAMTHITTA - 691 554
KERALA                             ... PETITIONER

(BY SRI. L.P.E. REGO, ADVOCATE)

AND:

MR. RAHUL KRISHNAN NAIR
AGED ABOUT 36 YEARS
S/O N. KRISHNAN
PRESENTLY R/AT G01
NAVYA NIDHI APARTMENTS
4TH CROSS, CHIKKABANASVADI
BENGALURU - 560 043               ... RESPONDENT

(RESPONDENT SERVED)

     THIS CIVIL PETITION IS FILED UNDER SECTION
24 OF CPC PRAYING TO PASS AN ORDER DIRECTING
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THAT   THE   MATRIMONIAL    CASE   BEARING   MC
NO.6299/2018 BE TRANSFERRED FROM THE COURT OF
THE HON'BLE V ADDITIONAL PRINCIPAL JUDGE, FAMILY
COURT, BENGALURU TO PRINCIPAL SENIOR CIVIL
JUDGE AND CJM AT UDUPI, IN THE INTEREST OF
JUSTICE AND EQUITY.

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

In this petition filed by the petitioner-wife against respondent-husband, the petitioner seeks transfer of M.C.No.6299/2018 pending before V Additional Principal Judge, Family Court, Bengaluru to Principal Senior Civil Judge and CJM at Udupi, where the petitioner-wife is residing.

2. A perusal of the petition in M.C.No.6299/2018 filed by the respondent-husband herein indicates that the petitioner-wife is residing at Manipal. Under this circumstance and in view of law laid down by the Apex Court in the case of SUMITA SINGH VS. KUMAR SANJAY AND ANOTHER Reported in AIR 2002 SC 396, it is observed that the convenience of the wife has to be looked into at the time of considering the transfer application filed under Section 24 of the Code of Civil 3 Procedure, which is further followed by a co-ordinate Bench of this Court in the case of SUHASINI Vs. S.B.MAHENDRA KUMAR reported in ILR 2015 KAR 2804, the petition deserves to be allowed.

3. Accordingly, the petition is allowed and M.C.No.6299/2018 pending on the file of V Additional Family Judge, Family Court, Bengaluru is hereby transferred to the Principal Senior Civil Judge and CJM at Udupi for disposal in accordance with law.

However, liberty is reserved in favour of the respondent to seek necessary exemption from personal appearance, whenever possible before the Court at Udupi to which the aforesaid M.C.No.6299/2018 now stands transferred to. Respondent is also reserved liberty to request the Court for the proceedings to be conducted through video conferencing.

Sd/-

JUDGE UN

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