Karnataka High Court
Smt Divya K G vs Aravind K J on 8 September, 2020
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER 2020
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL PETITION No.272/2017
BETWEEN:
Smt. Divya K.G,
Aged about 36 years,
W/o Aravind K.G,
D/o K.B. Gopala,
R/at Apartment No.103,
3rd Floor, 5th Cross,
S.V. Layout, BSK 3rd Stage,
Kattaraguppe,
Bengaluru - 560 085. ...Petitioner
(By Sri. P. Nataraju, advocate)
AND:
Aravind K.J,
Aged about 37 years,
S/o Dr. K.B. Jagadhish,
R/at No.96, 2nd Main,
3rd Cross, J.C Road,
K.C. Layout,
Mysuru - 570 011. ...Respondent
(By Sri. S. Rupesh Kumar, Advocate)
This Civil Petition is filed under Section 24 of CPC,
praying to (1) Transfer the MC No.285/2017 pending on the
file of the learned Judge, Addl. Family Court at Mysuru to
the Family Court at Bengaluru and etc.,
This Civil Petition coming on for Admission this day,
the Court made the following:
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ORDER
The petitioner, who is the wife seeking for withdrawal of proceedings in M.C.No.287/2017 pending on the file of Additional Family Court at Mysuru and to transfer the same to the Family Court at Bengaluru to be disposed of in accordance with law.
2. The case that is made out by the petitioner is that the marriage of the petitioner with respondent was solemnized on 25.12.2016 at Madikeri as per the customs prevailing in the community.
3. It is alleged by the petitioner that the respondent had earlier entered into the wedlock and the said marriage was dissolved which was not disclosed.
4. The petitioner further submits that respondent allegedly had been ill treating the petitioner. It is also submitted that the petitioner had left the matrimonial home and has been residing with her parents.
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5. The petitioner submits that the respondent in the meanwhile has filed the petition seeking annulment of the marriage in MC No.285/2017 on the file of the Additional Family Court, Mysuru.
6. The petitioner submits that distance between Bengaluru and Family Court at Mysuru is about 140 Kms and that the petitioner has a minor child aged about 3 years and the petitioner is dependent on her parents and she does have any independent source of income. It is further submitted that traveling to Mysuru to attend judicial proceedings is seriously inconvenient to the petitioner and in light of the nature of the legal proceedings, the petitioner invariably travels with an attendant being a family member all of which comes in a way of fair trial for the petitioner.
7. The petitioner further submits that child is aged about 3 years and it becomes very difficulty to leave the child at Bengaluru when she travels, which is 4 also a factor of inconvenience. Hence, transfer is sought for.
8. Learned counsel for the respondent however, submits that mere inconvenience cannot be a ground for transfer of the proceedings.
9. Heard both the sides.
10. It is to be noticed that the petitioner is dependent on her parents and she has no independent source of income and she has a minor child and taking note of the nature of proceedings, the say of the petitioner that she needs to take a family member along with her along with the child to attend proceedings at Mysuru cannot be said to be a unreasonable stand.
11. Taking note of the law laid down by this Court in the case of Smt .M.V.Rekha v. Sri Sathya @ Suraj reported in ILR 2010 KAR 5407, and also noticing social status of the petitioner, taking note of the petitioner's inconvenience as made out, it would be 5 just and proper to withdraw the proceedings pending in MC No.285/2017 on the file of the Additional Family Court at Mysuru and transfer the same to the Family Court at Bengaluru to be disposed of in accordance with law.
12. Accordingly, the petition is allowed. The proceedings in M.C.No.285/2017 pending on the file of Additional Family Court at Mysuru is to be withdrawn and transferred to the Court of Family Court at Bengaluru.
Necessary records relating to MC No.285/2017 to be transmitted to the Family Court at Bengaluru forthwith.
Sd/-
JUDGE NS