Karnataka High Court
Smt.Shilpa W/O Kiran Kumar Patil @ Kori vs Kiran Kumar Urf Kiran Patil S/O ... on 5 December, 2017
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 05 t h DAY OF DECEMBER 2017
BEFORE
THE HON'BLE MRS.JUSTICE K.S.MUDAGAL
CIVIL PETITION No.100011 o f 2016
BETWEEN:
SMT.SHILPA
W/O KIRAN KUMAR PATIL @ KORI
D/O DR.VEERAPPA KORI
AGED ABOUT 33 YEARS, OCC:HOUSE WIFE
NOW AT VEERAPPA KORI,
GOLDEN PARK, VIJAYNAGAR,
HUBBALLI.
... PETITIONER
(By SMT.PADMAJA TADAPATRI ADV.)
AND:
KIRAN KUMAR URF KIRAN PATIL
S/O PRABHAKAR PATIL
AGE:37 YEARS
OCC:SOFTWARE ENGINEER
R/O:H.NO:758, 2ND MAIN,
3RD CROSS,
SECTOR 5, SHREE NAGAR,
M M EXTENSION, BELAGAVI
... RESPONDENT
(By SRI.MAHESH WODEYAR ADV.)
THIS CP IS FILED U/S.24 OF CPC. 1908, PRAYING TO
PASS AN ORDER TRANSFERRING M.C.NO.291/2015
:2: CP No.100011/2016
PENDING ON THE FILE OF FAMILY COURT, BELAGAVI TO
FAMILY COURT, HUBBALLI, IN THE INTEREST OF JUSTICE
AND EQUITY.
This Petition coming on for Admission, this day the
Court made the following:-
ORDER
Heard .
2. The marriage of the petitioner and the respondent was solemnized on 14 t h July 2013 at Hubb alli. Due to the matrimonial d iscord, the respondent filed M.C. No.291 of 2015 ag ainst the petitioner b efore the Family Court, Belagavi, for dissolution of marriage.
3. The p etitioner seeks transfer of M.C. No.291/2015 from Family Court, Belag avi, to Family Court, Hubb alli, on the following grounds:
(i) That the respondent also does not reside in Belagavi due to his emp loyment in Beng aluru; he has filed the petition in Belagavi to harass the petitioner.:3: CP No.100011/2016
(ii) She resides in Hubb alli along with her parents and traveling to Belag avi to attend the case causes hard ship to her.
She has no independ ent source of income to travel to Belag avi and to meet the litig ation exp enses;
(iii) She has filed maintenance p etition in Criminal Misc. No.15 of 2016 before the Family Court, Hubballi under Section 125 of Criminal Procedure Code and M.C. No.10 of 2016 before the Family Court, Hubb alli, for restitution of conjug al rights and it is just and exp editious that all the matters be heard by one and the same court.
4. Sri.Mahesh Wod eyar, learned counsel for the respond ent, files affid avit of the respond ent conced ing for transfer of M.C. No.291 of 2015 from Family Court, Belagavi to Family Court, Hubb alli as prayed for.
5. Having reg ard to the pendency of the two proceedings before the Family Court, Hubb alli and the concession of the respond ent for transfer, it is :4: CP No.100011/2016 just and exp edient to transfer the case as p rayed for.
6. In the result, the Civil Petition is allowed . Matrimonial Case No.291 of 2015 pend ing b efore the Family Court, Belag avi is hereby withd rawn and transferred to the Family Court, Hubb alli. No ord er as to costs.
Sd/-
JUDGE RK/-