The court allowed a petition praying for the transfer of matrimonial proceedings from Bengaluru to Mysuru, holding that the wife's convenience and unusual hardship in appearing before the original court where she is employed was a relevant factor.
Proceedings withdrawn from Bengaluru Court and transferred to the Principal Judge, Family Court at Mysuru.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL PETITION No.129/2020
Between:
Smt. R. Shruthi, Wife of Pradeep Shirur, Aged about 31 years, Residing at Door No.L-140, 3rd Stage, Opposite R.M.P. Colony, Kuvempunagar, Mysuru - 570 023. … Petitioner
(By Sri Harsha, Advocate for Sri Giridhar S.V., Advocate)
And:
Sri Pradeep Shirur, Son of Channabasappa, Aged about 32 years, Residing at Door No.417, Vibant Sunrise Apartment, Karunashree Layout, 3rd Phase, Medahalli, Bangalore - 560 049. … Respondent (By Sri S. Nagesh, Advocate)
This Civil Petition is filed under Section 24 of CPC., praying to transfer the petition in M.C. No.417/2019 pending on the file of II Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru to the Court of the Principal Family Judge, Mysore District, Mysore to be adjudicated, in accordance with law.
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This Civil Petition coming on for admission this day, the Court made the following :
ORDER
The petitioner who is the wife has filed the present petition seeking for withdrawal of the proceedings in M.C.No.417/2019 instituted by the respondent-husband seeking dissolution of the marriage, which is pending before the II Additional Senior Civil Judge Bengaluru Rural District and has sought for transfer of the said proceedings to the court of Principal Judge, Family Court at Mysuru.
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be involved in attending such proceedings cannot be brushed aside and the assertion that petitioner requires to be accompanied by her family members, which in the present case is difficult due to her parents being senior citizens, deserves acceptance.
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proceedings in M.C.No.417/2019 pending before the
II Additional Senior Civil Judge Bengaluru Rural District is to be withdrawn and transferred to the Principal Judge, Family Court at Mysuru.
before the II Additional Senior Civil Judge Bengaluru Rural District to be transmitted to the Principal Judge, Family Court at Mysuru.
Sd/-
JUDGE
Np/-
2 issues framed by the court
Whether a transfer petition for matrimonial proceedings should be allowed when the petitioner's convenience as an employee living in a different district is established.
Whether the inconvenience of the wife in attending family court proceedings in another district constitutes a valid ground for transfer.
Colour shows how this judgement treated each authority
Smt. M.V. Rekha v. Sri Sathya @ SurajRelied on¶24
Smt. M.V. Rekha v. Sri Sathya @ Suraj reported in ILR 2010 KAR 5407 · Who else cites this
Smt. R. Shruthi
Sri Pradeep Shirur
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court