J Chaitra Yadav vs Neelakantaiah on 21 March, 2011

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Karnataka High Court

J Chaitra Yadav vs Neelakantaiah on 21 March, 2011

Bench: S.N.Satyanarayana

EN THE} E-EEG}? COURT GE?' KA.RNP{i'A1{A AT' BANGALQREZ

DATED '{'H}TS THE 212:" DAY OF' MARCH :20: 

BEFCJRE

THE HQNBLE MR. JUSTICE s.N_.VsATYANAR95.t;?x NAT%   

CIVILPI%:'1'I'£'10}\§ NOR199.QF§'_'_2f}'1.ﬁ= " fl   

BETWEEN

J. Chaitra Yadav,
W/0. Neeiakantaiah,
D/0. Jayaramu.

Aged about 31 years.
R/at D.No.1082/5, _'  .  _   
5-in Eviain Road, 9I%aCrc'g%sRo1ad,g%    

Srirampura .151 S.tag;r3_,  '
Vivekanandanagar, -:j__  ' _
Near Nadiaga.raT.Bha.vai:i:a;_ "

Mysore. Petitioner

(By : Sri. Shanfesh   )

z'_\.N.,,.;.Q

   
S /0. Krish n'ai3;h., '

 * ,_Agec1 about' 4Oy9€%j£j21fé::;,
AR'/'at : Hi:"::dug*a'd.1u* Villageg
"DQd.«::1anejju:: Past,
"'Hia:1LagadTu Hobii,
{_P{r;r1~5§u1f Té;£uk§  Respondent

':%"s1&;-i. Ya Harsha, Adv.) [J This Civii Petition is; ﬁled under Section 24 of CPC; praying that for the I'€a53()I1S stated therein, pralying thzit;.Tthis Hc_m'b1_e Court: may be pleased to transfer 1\/LC, N939"/'~20.09 pending on the file {:2}? the Court of Civii Judge. .§S1f.»,E)ej.j} 8; JMFC, Hunsur to the Famiiy Courtz, Mysore, in t, ' justice and equity. A This CF' comirlg On for Adnliseztorlb1thiS"*d3y;

macie the following: " ~ The respondent. in e'Ii't'LheVAft1e of the Civii Judge {Senior Divisieﬁt; has come up in this appeal seekirig; petition to the Famﬂy Court at " t

2. Bteivef elppeal are as under:

The petitmgiel' wife and respondent is the 1"¥1;if'zta.5ge«'wa,s soiemnized on 08.12.1997 at M.ysO1fe['A.s-;. the petitionen herself after marriage, the ' V' gfnatrirnetﬁial hoﬁeez was setup in Hunsur, she was Sent out of __f_~«.the._,matrim§)r:ial house with in few days thereafter i.e, Eess anejrear frem the date of marriage. Thereafter, she has %.»'s._,i.r% :43: int"e3f€:st""'e.t" ~ .9 been livingf along with her parezlts as she was driven out of the rnat1'imc)nia.1 house. It also her case that in the year szooa her husband has filed a petition in MG. ssjsoos seeking dissolution of marriage between herself' 5h_eI'= husband on the ground of cruelty and desertion.--. V

4. It is her Case that since the znar;ria,gé: haasA.tai{e'nfp_1aee in the city of Mysore and she is.st-ayinghthere u2nde:r..t'he_.Care and custody of her father and as she Hones not have any independent source to Hunsur, to contest the MC. proeevedings';» filveﬁ" hherrihigisband pending on the file the Hunsur, the same may be transferred tathe {.::CL11"E at Mysore.

5. "§?h.e__L"Covunse}'rforethe respondent submits that even t.hVongheV't:he was soiernnized in the year 1997, the »..A_1fesponde'n't W Wife who is the petitioner herein never preferred stay W1'th~he_r husband, not even for one year and thereafter ":hasL'"heen hazing with her parents. All efforts by the E'€3Sp("3I}.d€3I}ii / husband to get her 'each: to HUHSLIE' having failed; eifier Waii.ing as-éariy for it) years? the petition for divorce was fiied on the groimci of deseriioxi and erL1e'1'fy, in the year 2009. It is also his case that after petition. the petitioner herself filed a pei:it,ioi_'1..u 125, of Crimmai Procedure Code the husband as counter blast for'di§{oree_}setiiiori'_'u" i

6. Heard the Counsel for respondent.

Perused the p1eadiogs"T__ mi " and C.Mise.No. 147/201$'-aild E?:£4SU:.t:f:£:P/ filed before this Courts;

7. On"2i.pipreeia.ii"oi1 pleadings and statement of the pariiesv, this feel that F30 justifiable grounds are ;ti'iad:e'o1'it. vAet.1'1e}7-wife M peiiﬁioner herein for grant of transfer of she has been living away from her htisbariihi' ~§ iespiondeiit. for more tiian 12 years and she has any efforts for joining he? i1i.1sba.nd or for seeking'

2..-«L/is/§ maint.enanee irnrnedia,t,eiy after she was driven out of the rr2.strin1onis.i hQ1,3S€q as she Claims, That being the ease, the contention that she was driven out of the family and s'he»has been staying under the care and etistody of her"~f2ith:eVr difficult to believe.

8. in any event, this Court f1'ne::i_vs or justification for allowing this pe.titioh.V_ for tr;insVfe,:_VVof petition from the Court of that of Court at Mysore. Therefore, the petition 'wiie for transfer of MC. petition is disrI_ii--sVseci.,"" -- if V

9. petition, the foiiowing observations are. A Apetitionerneed not appear before the court of of h.ear'ing. It is suffice to state that she ' ore the court oniy at the time of her evidence at theﬁitiie of erossmexarninatiori of her husband, if she Otherwise she is also at iiberty to contest the K.» -' 6 petition. through ceunsei and seek fer €3X.':'1IT1i1'}£11L§{)}'} ihmughT Caurt. C0mm:ssi0n.<5:11 With these observations, the petition seeking t:*ar1TS_'f£*Tr of petition is dismissed.

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Karnataka High Court