Smt Poornima vs Sri Pradeep V Rao on 3 October, 2012

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Karnataka High Court

Smt Poornima vs Sri Pradeep V Rao on 3 October, 2012

Bench: Anand Byrareddy

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

   DATED THIS THE 03rd DAY OF OCTOBER 2012

                     BEFORE

  THE HON'BLE MR. JUSTICE ANAND BYRAREDDY

           CIVIL PETITION NO.130 OF 2012

BETWEEN:

SMT. POORNIMA
D/O SANJEEVA K.
AGED ABOUT 28 YEARS
'OM' NILAYA
AMBADEKALLU
NITTE POST, KARKALA TALUK
UDUPI DISTRICT.
                                      ... PETITIONER

(By Shri: G.N. MAIYA, ADVOCATE.,)

AND:

SRI. PRADEEP V. RAO
S/O. M. VISHVSHWARA RAO
AGED ABOUT 38 YEARS
1418, 11TH CROSS, 21ST MAIN
SECTOR-1, H.S.R. LAYOUT
BANGALORE-560 102.                  ... RESPONDENT

                      ---------

    THIS CIVIL PETITION FILED UNDER SEC.24 OF
CPC PRAYING TO TRANSFER THE M.C.NO.155/2012,
PENDING BEFORE THE ADDL. 5TH FAMILY COURT,
NYAYADEGULA BANGALROE TO SR. CIVIL COURT AT
                          2


KARKALA UDUPI DISTRICT IN ORDER           IN   THE
INTEREST OF JUSTICE AND EQUITY.

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


                     ORDER

Notice to respondent having been served, the respondent remains unrepresented. Therefore, the petition is admitted and heard for final orders.

2. It is the case of the petitioner that she had married the respondent on 24th August 2009 at Karkala, Udupi District. From inception, there were differences between the petitioner and the respondent, however, a female child was born to them. But the differences widened after the child was born and the respondent had filed a divorce petition before the Family court, Bangalore in M.C.No.155/2012. The matter was 3 referred to mediation, but however, the mediation failed. The petitioner did not agree for the divorce, which the respondent wanted. The respondent neglected the petitioner and she was forced to leave his society alongwith the minor child and is now residing at Karkala. The respondent has completely neglected the petitioner and does not provide for her maintenance nor for her expenses to attend the Court at Bangalore from Karkala and the petitioner also has to take care of her aged parents at Karkala, apart from taking care of the child who is also not provided for with any maintenance and therefore seeks transfer of the divorce petition in M.C.No.155/2012 to the Court of Civil Judge(Senior Division) at Karkala, Udupi District.

2. Accordingly, the petition is allowed. M.C.No.155/2012 shall stand transferred to the Court of Civil Judge(Senior Division), Karkala, Udupi District. Till such time, further proceedings in the matrimonial case are stayed.

Sd/-

JUDGE *mn/-

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