Karnataka High Court
Sri Shankar Prasad vs Smt. Sushma M S on 23 January, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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CP No. 122 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
CIVIL PETITION NO. 122 OF 2022
BETWEEN:
1. SRI SHANKAR PRASAD
S/O.LAKSHMANA SHETTY
AGED ABOUT 40 YEARS
R/AT PUSHPAGIRI NILAYA
8TH CROSS, 3RD MAIN ROAD
NEAR SHRI LAKSHMI DEVI FLOOR MILL
SHANTHI NAGAR, HASSAN 573 201
...PETITIONER
(BY SRI SURESH P., ADVOCATE)
AND:
1. SMT.SUSHMA M.S.
D/O.SHANKARAPPA
AGED ABOUT 34 YEARS
R/AT NO.2058
GANDHINAGAR
BANGARPETE POST
KOLAR DISTRICT 563 114
Digitally signed
by B LAVANYA ...RESPONDENT
Location: HIGH
COURT OF (BY SRI SRIHARI A.V., ADVOCATE)
KARNATAKA
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
CPC PRAYING TO WITHDRAW M.C.NO.61/2021 PENDING
BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT KOLAR AND
TO TRANSFER THE CASE TO THE PRINCIPAL FAMILY COURT AT
BENGALURU AND ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
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CP No. 122 of 2022
ORDER
Heard learned counsel for petitioner and learned counsel for respondent.
2. This petition is filed by the husband against the respondent seeking to withdraw MC.No.61/2021 pending on the file of the Principal Judge, Family Court at Kolar and to transfer the same to the Principal Family Court at Bengaluru.
3. It is the contention of learned counsel for petitioner that the petitioner pursuant to marriage with the respondent lived together for six years at Bengaluru and due to certain differences of opinion, the petitioner and respondent separated and she started residing with her parents. In view of illness of his father, the petitioner went back to his native place at Hassan and filed a matrimonial proceedings before the Family Court at Hassan in MC.No.119/2020.
4. This being the state of affairs, the respondent-wife registered a criminal complaint against the petitioner before Chandra Layout Police Station for the offence punishable under Section 498-A of IPC in Crime No.109/2020 and the petitioner -3- CP No. 122 of 2022 was arrested and the matter is pending before VIII ACMM at Bengaluru in CC.No.7840/2020.
5. In view of pendency of the matter at Bengaluru, the petitioner has moved this petition for transfer of matrimonial proceedings from Kolar to Bengaluru.
6. Learned counsel for respondent files a copy of the order dated 19.02.2021 passed by this Court in CP.No.223/2020, which came to be filed by respondent-wife seeking transfer of petition initially filed by the husband in MC.No.119/2020 from the Family Court at Hassan to the Family Court at Kolar. In the said civil petition, notice was duly served on the respondent-petitioner herein and the Coordinate Bench of this Court allowed the petition of the wife for transfer of matrimonial proceedings pending before the Family Court at Hassan in MC.No.119/2020 to be transferred to the Principal Judge, Family Court at Kolar and accordingly, the same has been transferred and re-numbered as MC.No.61/2021. Now, the petitioner has approached this Court, despite having been served in the earlier transfer petition and same having been allowed, in this case, is seeking once again to transfer the -4- CP No. 122 of 2022 petition from the Family Court at Kolar to the Family Court at Bengaluru.
7. The respondent-wife is the resident of Bangarpete, which is close to Kolar District and she is having a minor child. Therefore, the Coordinate Bench of this Court considering all these contentions, found it appropriate to transfer the matter from Hassan to Kolar, which is not challenged by the petitioner herein.
8. In view of the same, once again transferring the matter from Principal Judge, Family Court at Kolar to the Principal Judge, Family Court at Bengaluru would not arise, as the petitioner has not made out any cogent bona fide reasons for transfer of the matter from the Family Court at Kolar to the Family Court at Bengaluru. There would be lot of hardship and inconvenience caused to the respondent-wife, if the matter is transferred from Kolar to Bengaluru as she would have to travel from Bangarpete to Bengaluru, which would incur expenditure on food, stay and accommodation and she would have to leave behind her minor child, who is residing with her at Bangarpete. -5- CP No. 122 of 2022 Petition is devoid of merits. Hence, I proceed to pass the following:
ORDER Petition is dismissed. In view of dismissal of the petition, pending interlocutory application, if any, does not survive for consideration and the same stands consigned to records.
Sd/-
JUDGE LB List No.: 1 Sl No.: 47