Karnataka High Court
Smt Vinoda K vs Sri C K Srinivasa on 26 March, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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CP No. 75 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
CIVIL PETITION NO. 75 OF 2024
BETWEEN:
SMT. VINODA K.,
W/O C.K. SRINIVAS,
D/O NADIPANNAGARI KITTANNA,
AGED ABOUT 38 YEARS,
R/A KARIPALLI VILLAGE,
KODIPAALLI POST, RAYALPADU HOBLI,
SRINIVASAPUR TALUK, KOLAR DISTRICT,
AND ALSO WORKING AT
COMPUTER OPERATOR PURCHASE CENTER,
KOLAR DISTRICT CO OPERATIVE
MILK PRODUCERS SOCIETY UNION LTD.,
N.H. 75, HUTTUR POST, KOLAR.
...PETITIONER
(BY SRI. RAGHU R., ADVOCATE)
Digitally
signed by V AND:
KRISHNA
Location: SRI. C.K. SRINIVASA,
High Court of
Karnataka S/O SRI. KONAPPA,
AGED ABOUT 40 YEARS,
R/A CHANNARAYANAHALLI VILLAGE,
BATTLAHALLI PANCHAYATHI,
MUNGANAHALLI HOBLI,
CHINTAMANI TALUK - 563 125.
...RESPONDENT
(RESPONDENT - SERVED)
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CP No. 75 of 2024
THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC,
PRAYING TO PASS APPROPRIATE ORDER/S DIRECTION/S TO
TRANSFER M.C.NO.91/2022 PENDING ON THE HON'BLE COURT
OF SENIOR CIVIL JUDGE AND JMFC AT CHINTAMANI TO THE
HON'BLE COURT OF SENIOR CIVIL JUDGE AND JMFC AT
SRINIVASAPURA.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - wife has sought for withdrawal of the proceedings in M.C.No.91/2022 instituted by the respondent - husband before the Court of Senior Civil Judge and JMFC at Chintamani seeking restitution of conjugal rights and has sought for such proceedings to be transferred to the Court at Srinivasapura.
2. The petitioner submits that she is working on daily wage basis as a Computer Operator in Kolar District Co-operative Milk Producers Society Union Limited and she is residing at Kolar and would find it difficult to travel to the Court at Chintamani as the distance between the petitioner's residence and the Court at Chintamani would be about 40 kilometers.
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NC: 2024:KHC:12345 CP No. 75 of 2024
3. It is submitted that apart from the inconvenience in travel, the child born from within the wedlock is suffering from a cardiac ailment as is evidenced from medical record which reads as hereunder:
"CONCLUSION:
: CONGENITAL HEART DISEASE : SITUS SOLITUS - LEVOCARDIA : SMALL PERIMEMBRANOUS VSD L->R SHUNT
- RESTRICTED SEPTAL ANEURYSM : MILDLY DILATED LA/LV : NORMAL BIVENTRICULAR FUNCTION"
4. The certificate issued by Sri Jayadeva Institute of Cardiovascular Sciences and Research has been produced. The document would clearly indicate that the child has a cardiac heart disease. The further assertion that the child is taking treatment and requires continuous treatment is not rebutted by the other side.
5. Taking note of the peculiar facts of the case, more so as regards to the cardiac ailment of the child aged about five years, the assertion of inconvenience as made out and hardship of the petitioner in attending proceedings -4- NC: 2024:KHC:12345 CP No. 75 of 2024 before the Court at Chintamani requires acceptance. Clearly the medical ailment and inconvenience as made out, not having been rebutted, the assertion of the petitioner regarding hardship and inconvenience requires acceptance.
6. Accordingly, petition is allowed. The proceedings in M.C.No.91/2022 pending on the file of Senior Civil Judge and JMFC at Chintamani, is directed to be withdrawn and made over to the designated Family Court at Srinivasapura. The records relating to M.C.No.91/2022 to be transmitted forthwith to the Family Court at Srinivasapura.
Sd/-
JUDGE MCR