Smt. Monideepa Das vs Shri Joydeep Neogi on 22 December, 2020

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Karnataka High Court

Smt. Monideepa Das vs Shri Joydeep Neogi on 22 December, 2020

Bench: S.R.Krishna Kumar

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

  DATED THIS THE 22ND DAY OF DECEMBER 2020

                       BEFORE

   THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

          CIVIL PETITION No. 400 OF 2019

BETWEEN:

Smt. Monideepa Das,
D/o Pradeep KR Das,
Aged about 25 years,
R/at No.150, Shivajinagar,
KIADB Export Promoting Industrial Area,
Whitefied, Bengaluru-560 066.

And also at
R/at No.5/33E, 1st Floor, Pandiyan Street,
Arumugam Nagar, Aragapuram, Salelm,
Tamilnadu-636 016.
                                        ...Petitioner
(By Smt. Ayantika Mondal, Advocate)

AND:

Shri. Joydeep Neogi
S/o Debasis Neogi,
Aged about 29 years,
Residing at flat No.001, Janani Moonscape,
Trinity Complex, Sompura Village,
Sarjapura, Hobli, Anekal Taluk,
Bengaluru-562 125.
                                        ...Respondent
(By Sri. Manjunatha A, Advocate)

       This C.P. Is filed under Section 24 of CPC
praying to transfer M.C.No.64/2019 pending on the
file of Principal Senior Civil Judge and JMFC, Anekal,
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to the Family Court in Bengaluru, for its disposal in
accordance with law in the interest of justice.

      This C.P. coming on for Preliminary Hearing, this
day, the court made the following:-

                              ORDER

In this petition filed by the petitioner-wife against respondent-husband, the petitioner seeks transfer of M.C.No.64/2019 pending before the Principal Senior Civil Judge and JMFC, Anekal, Bengaluru Rural to Family Court, Bengaluru, where the petitioner- wife is residing.

2. A perusal of the petition in M.C.No.64/2019 filed by the respondent-husband herein indicates that the petitioner-wife is residing at Bengaluru. Under this circumstance and in view of law laid down by the Apex Court in the case of SUMITA SINGH VS. KUMAR SANJAY AND ANOTHER Reported in AIR 2002 SC 396, it is observed that the convenience of the wife has to be looked into at the time of considering the transfer application filed under Section 24 of the Code of Civil 3 Procedure, which is further followed by a co-ordinate Bench of this Court in the case of SUHASINI Vs. S.B.MAHENDRA KUMAR reported in ILR 2015 KAR 2804, the petition deserves to be allowed.

3. Accordingly, the petition is allowed and M.C.No.64/2019 pending on the file of Principal Senior Civil Judge and JMFC, Anekal, Bengaluru Rural is hereby transferred to the Family Court, Bengaluru for disposal in accordance with law.

However, liberty is reserved in favour of the respondent to seek necessary exemption from personal appearance, whenever possible before the Court at Bengaluru to which the aforesaid M.C.No.64/2019 now stands transferred to. Respondent is also reserved liberty to request the Court for the proceedings to be conducted through video conferencing.

Sd/-

JUDGE ag

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