Smt. Yogitha S @ Yogitha Ananth Kumar vs Sri. Ananth Kumar K G on 23 February, 2024

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Karnataka High Court

Smt. Yogitha S @ Yogitha Ananth Kumar vs Sri. Ananth Kumar K G on 23 February, 2024

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                                                               NC: 2024:KHC:7720
                                                              CP No. 392 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                             BEFORE
                             THE HON'BLE MR JUSTICE C.M. POONACHA
                                 CIVIL PETITION NO. 392 OF 2022
                   BETWEEN:

                   1.   SMT. YOGITHA S @ YOGITHA ANANTH KUMAR
                        W/O SRI ANANTH KUMAR K G
                        AGED ABOUT 36 YEARS
                        R/O NO.A147
                        SWAMI VIVEKANANDA EXTENSION
                        6TH CORSS, SHIVAMOGGA-577202
                                                                    ...PETITIONER
                   (BY SRI. NAGARAJ K HEGDE., ADVOCATE FOR
                       SRI. RAVINDRANATH M., ADVOCATE)

                   AND:

                   1.   SRI. ANANTH KUMAR K G
                        S/O LATE SHRI BABU RAO K R KHATOKAR
                        AGED ABOUT 37 YEARS
                        R/A NO.1322, SRI RAGHAVENDRA NILAYA
                        GROUND FLOOR, IST CROSS,
Digitally signed        NANJAMMA LAYOUT, MANORAYANAPALYA
by BHARATHI
S                       R T NAGAR POST
Location: HIGH          BENGALURU-560032
COURT OF
KARNATAKA                                                          ...RESPONDENT
                   (RESPONDENT SERVED AND UNREPRESENTED)

                         THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC,
                   PRAYING TO TRANSFER THE CASE IN M.C. No.1459/2022 FILED BY
                   THE RESPONDENT IN THE II ADDITIONAL PRL. JUDGE, FAMILY
                   COURT, BENGALURU TO THE FAMILY COURT AT SHIVAMOGGA, IN
                   THE INTERESE OF JUSTICE AND EQUITY.

                       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
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                                               NC: 2024:KHC:7720
                                             CP No. 392 of 2022




                              ORDER

The present petition is filed by the wife seeking for

transfer of MC No.1459/2022 pending on the file of the II

Additional Principal Judge, Family Court, Bengaluru to the

Family Court, Shivamogga.

2. For the sake of convenience, the parties herein are

referred to as per their relationship.

3. The relevant facts necessary for consideration of

the present petition are that the marriage between the parties

was solemnized on 14.11.2013 and from the wedlock a son is

born to the parties, who is aged 4 years as on the date of filing

of the present petition. However, due to various reasons the

parties have been residing separately.

4. The husband has filed MC No.1459/2022 under

Section 9 of the Hindu Marriage Act, 1955, seeking for

restitution of conjugal rights which is pending before the II

Additional Principal Judge, Family Court, Bengaluru. Seeking for

transfer of the same, the wife has filed the present petition.

5. Learned counsel for the petitioner submits that the

wife along with the son of the parties is living along with her
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CP No. 392 of 2022

parents at the address mentioned in the cause title and she is

depending on her parents for the livelihood of herself an the

son of the parties. That the wife has filed MC No.6/2022

seeking for divorce, which is pending before the Family Court,

Shivamogga. That the distance between Shivamogga and

Bengaluru is 310 kms. He submits that great hardship will be

caused to the wife if she is required to travel to Begnaluru for

the purpose of contesting the proceedings initiated by the

husband.

6. The respondent is served and unrepresented.

7. The submissions of the learned counsel for the

petitioner have been considered and the material on record has

been perused. The question that arises for consideration is,

whether the relief sought for in the present petition is liable to

be granted?

8. The relationship between the parties and the

pendency of the legal proceedings between the parties are a

matter of record.

9. Having regard to the fact that the son of the parties

is under the care and custody of the wife who is living with her
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CP No. 392 of 2022

parents and not having any independent source of income and

also having regard to the fact that the distance between

Shivamogga and Bengaluru is about 310 kms., it is clear that

great hardship will be caused to the wife if she is required to

travel to Bengaluru for the purpose of contesting the

proceedings initiated by the husband.

10. It is the contention of the wife that the husband is

gainfully employed at Bengaluru and has an independent

source of income. Having regard to the same, and having

regard to the fact that the husband in any event will be

required to travel to Shivamogga for the purpose of contesting

the proceedings initiated by the wife and having regard to the

settled proposition of law as held by the Hon’ble Supreme Court

in the case of N.C.V. AISHWARYA VS A.S.SARAVANA

KARTHIK SHA1 that while considering cases for transfer of

matrimonial proceedings, the convenience of wife will have to

be given precedence to, it is just and proper that the relief

sought in the present petition be granted. Accordingly, the

question framed for consideration is answered in the

affirmative.

1

AIR ONLINE 2022 SC 1268
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CP No. 392 of 2022

11. Learned counsel for the petitioner submits that MC

No.6/2022 filed by the wife is posted before the Family Court,

Shivamogga on 28.2.2024.

12. In view of the aforementioned, the following order

is passed:

ORDER

i. The above petition is allowed;

ii. MC No.1459/2022 pending on the file of the II

Additional Principal Judge, Family Court, Bengaluru

shall stand transferred to the Family Court,

Shivamogga to be tried along with MC No.6/2022;

iii. The parties shall appear before the transferee

Court on 28.02.2024;

iv. Consequent to transfer, the transferee Court

shall conduct further proceedings in accordance with

law;

v. All contentions of the parties are left open.

Sd/-

JUDGE

ND/ List No.: 1 Sl No.: 32

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