The High Court of Karnataka allowed a civil petition seeking transfer of matrimonial proceedings from the Family Court at Mysuru to Bengaluru. The court held that the petitioner's employment and travel distance interfered with her right to a fair trial.
Proceedings in M.C. No.517/2019 withdrawn from Mysuru and transferred to the Family Court at Bengaluru.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL PETITION No.8/2020
Between:
Smt. Rohini Agasar, W/o Narasoji K., D/o Parashuram, Aged about 24 years, R/at above Mamatha Nursing Home, 17th Cross, K Block, 2nd Stage, Rajajinagar, Bangalore - 560 010. … Petitioner
(By Sri Rajesh Shettigar, Advocate)
And:
Sri Narasoji K., S/o Krishnaji, Aged about 28 years, No.2654, Pulikeshi Road, 3rd Cross, Arasara Beedi, Lashkar Mohalla, Mysore - 570 001. … Respondent (By Smt. Rajeshwari M., Advocate)
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This Civil Petition is filed under Section 24 of CPC, praying to (a) pass an order withdrawing the M.C. No.517/2019 pending on the file of Principal Judge, Family Court, Mysuru and thereafter transfer the same to the Principal Family Judge, Bengaluru, directing it to dispose of the same in accordance with law in the interest of justice and equity; (b) Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case; (c) Award costs of this proceedings to the petitioner.
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 withdrawing the proceedings in M.C.No.517/2019 pending on the file of Principal Judge, Family Court, Mysuru stated to have been instituted by the respondent-husband seeking dissolution of matrimonial relationship and for transfer of such proceedings to the court of Principal Family Judge, Bengaluru and for disposal in accordance with law.
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cropped up. Subsequently, it is stated that the respondent has instituted the proceedings before the Family Court at Mysuru seeking for dissolution of marriage. It is submitted that the petitioner is working in BBMP as a Junior Woman Health Assistant (Nurse) and that nature of her work would make it difficult for her to attend the proceedings at Mysuru. It is further submitted that traveling to Mysuru and back to Bengaluru would involve travel of about 280 Kms., and such travel seriously interferes with her employment prospects and such inconvenience eventually interferes with
her right of fair trial.
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pending on the file of Principal Judge, Family Court, Mysuru
is to be transmitted to the Family Court at Bengaluru.
Sd/JUDGE
Np/-
1 issue framed by the court
Whether the petitioner-wife is entitled to transfer of matrimonial proceedings from Mysuru to Bengaluru due to employment and travel constraints affecting fair trial.
Colour shows how this judgement treated each authority
Smt. M.V.Rekha v. Sri Sathya @ SurajRelied on¶23
Smt. M.V.Rekha v. Sri Sathya @ Suraj reported in ILR 2010 KAR 5407 · Who else cites this
1 provisions across 1 enactments
Smt. Rohini Agasar
Sri Narasoji K.
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court