Karnataka High Court
Smt Swathi Pinto vs Mr Stany Pinto on 5 September, 2011
Author: A.N.Venugopala Gowda
Bench: A. N. Venugopala Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 5™ DAY OF SEPTEMBER 20¢ a BEFORE THE HON'BLE MR. JUSTICE A. N. VENUGOPALA GOWDA. C.P.NO.96/2011, | BETWEEN: Sit Swathi Pinto W/o. Stany Pinto. Aged about 36 years C/o. Mary Annie LY Souza, Retd. Teacher, ... R/fat Nehru Nagar. Sagar Town, | Shimoga District. : a 7 .. PETTTIONER (By Sri BLN. Sheity, Adv) , AND: Mr Stany Pinto S/o Late Bormvent ure Pinto, » Aged about Eve years 'Sunshine'. Pals Garden, Mangalore - 575 004. RESPONDENT at fy Sri Ss. Vv ishwajith Shetty, Adv.) «This C.P. filed under Section 24 of CPC praying "that for the reasons stated therein this Hon'ble Court raay be pleased to direct the First Additional Civil Judge {Sr DnJ, Mangalore to transfer the M.C.petition 'No.52/2005 pending on this file to Principal Civil Judge . Dn, Sagar. This C.P. coming on for admission this day. the Court made the following: : ORDER
Petilioner-wite has fled this petition aga inst 'th 1c respondent-husband, to transfer LC.N0.52/2008, pending on the file of | Additional Senior Civil Judge. Mangalore to the Court of Senior. C Cv il I Judge at pagar. for trial and disposal.
2. Pennoner: and the , ree sponde nt married on 18.04.2005. 1 M atri mon, sal dif erenc es 5 having arisen, they are staying away. Y froin each. viher. Petitioner is staying with her par ents al Sagi 'Pet iilioner has given birth to a baby...who is now aged about S years. She has filed UC Misc.29/2008 against her husband in the Court of Civil Fudge at. Sagar to order payment of maintenance.
3. The reasons stated in support of the prayer Kid, aged "in uhis petition are that, she having ey pee of asa ined bo ioe promt pone vabout 5 years and having no means, she is unable to travel from Sagar tao Mangalore and delend her interest in M.C.NG.52/2008.
4, Respondent has not filed-any objections. a. Sri 5. Vishwajith Shetty, Jearned advocate appearing for the respondent opposed, t he 'petition on the ground that, if the petition were to. Be, transferred the same will delay the disposal of M.C.No.52/ 2008 and that, C.Misc:29/20090- has 'been filed with a scheme and design to seek fransietr of M.C.No.52/2008.
6. Having Ireard the learned counsel on both
--s jel ran Pi « sides' artd having perused the petition averments, keeping in-view.the facts and circumstances of the case, it is clear that the petitioner has a baby aged about 5 ovears and that she is unemployed and the distance between Sagar and Mangalore is about 300 Kms.. which the petitioner Qnds difficulty to travel. A case for OS o granting of the relief, praved in this petition has been made out.
In the circumstances, the petition is allowed... M.C.No.52/2008 pending on the file of } Additional Senior Civil Judge. Mangalore "is withdrawn and 'is transferred to the Court.of Senior Civil J udge- ai Sagar for trial and disposal. The transferee Court io decide the case with expedition and al aniy-event, within a period of one year fro tie date offirs appearance of the parties. Record of MCN 0.82 / 2008 be sent by the Court of I Additional Senior Civil Judge: Mangalore to the Court of Senior civil Judge at Sagar. aa saiotes Be fe es JUDGE Meee Bio A An