Smt. M R Kavitha vs K Prasanna Kumar on 30 September, 2013

[Cites 1, Cited by 2]

Karnataka High Court

Smt. M R Kavitha vs K Prasanna Kumar on 30 September, 2013

Bench: B.S.Patil

                                                      CP 65/2013
                                1



      IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 30TH DAY OF SEPTEMBER, 2013

                              BEFORE

             THE HON'BLE MR.JUSTICE B.S.PATIL

                         C.P.No.65/2013
BETWEEN

SMT. M R KAVITHA
D/O RAJEGOWDA,
W/O P.PRASANNAKUMAR,
AGED ABOUT 26 YEARS,
R/AT 15TH CROSS, KUVEMPUNAGAR,
NEAR TALUK OFOFICE, HASSAN,
HASSAN-573201.                             .. PETITIONER

(By Smt KAVITHA H C, ADV. )


AND


K PRASANNA KUMAR
S/O KRISHNEGOWDA,
AGED ABOUT 33 YEARS,
R/AT NO.778,
13TH MAIN, EWS, YELAHANKA UPANAGAR,
KHB, BANGALORE.                            .. RESPONDENT

(M/s B & S ASSTS. BY
 Sri R.SRINIVAS, ADV.)


      This Civil Petition filed Under Sec.24 of CPC praying, this
Hon'ble Court to transfer M.C.559/2013 on the file of the
Principal Judge, I Addl. Family Court at Bangalore, as per
Annexure-A to the court of the Principal Civil Judge (Sr. Dvn.)
at Hassan, for the reasons stated therein.

     This petition coming on for admission this day, the Court
made the following:
                                                         CP 65/2013
                                 2



                             ORDER

1. This petition is filed under Section 24 CPC seeking transfer of M.C.No.559/2013 pending on the file of the I Addl. Judge, Family Court, Bangalore, to the Court of Principal Civil Judge (Sr.Dn.) at Hassan.

2. Petitioner is the wife of the respondent. Their marriage was solemnized on 24.06.2007. Because of the differences, petitioner is staying with her parents at Hassan, whereas the respondent who is working as a Software Engineer is residing at Bangalore.

3. Petitioner has filed a petition for maintenance at Hassan during the year 2011. Respondent has filed M.C.No.559/2013 at Bangalore seeking dissolution of marriage alleging cruelty and desertion.

4. It is the case of the petitioner that as she is a lady and has a four years old child to look after, she is unable to travel to Bangalore each time the case is posted, to defend the herself effectively. Hence, she seeks transfer from Bangalore to Hassan.

CP 65/2013

5. Learned Counsel for the respondent opposes the prayer sought by the petitioner.

6. I have heard the learned Counsel for the parties and find that the journey from Hassan to Bangalore is 3½ hours and the petitioner is not required to stay back in Bangalore whenever the case is posted. Petitioner can attend the case and go back to Hassan on the same day. But the fact remains that she has to incur travelling and other expenses to come over to Bangalore each time the case is posted.

7. As the petitioner is unemployed and cannot afford to spend on her own for coming over to Bangalore each time the case is listed, the respondent has to bear the travelling and other incidental expenses. In this background, I am persuaded to hold that the respondent has to bear the travelling and other incidental expenses of the petitioner, so as to enable her to appear before the Court at Bangalore by travelling the distance from Hasan and defend herself. In my considered view, a sum of Rs.1,000/- is a fair and reasonable amount that the respondent-husband has to pay to the CP 65/2013 4 petitioner each time she is made to come over to Bangalore, to appear before the Family Court at Bangalore.

8. With the above observations and directions, this petition is disposed of.

Sd/-

JUDGE KK

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