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SUPREME COURT OF INDIA
N.V. RAMANA, PRAFULLA C PANT, JJ.
G.R. Bhuvaneshwari - Appellant
Versus
G.S. Puttaraju - Respondent
Civill Appeal No. 5498 of 2017 Arising Out Of Special Leave Petition (Civil) No. 3005 of 2014
Decided On : 21-04-2017
Transfer - Family Court - The court allowed the appeal and set aside the order of the High Court, transferring the cases to the Family Court at Mysore due to the appellant being a single mother responsible for her child's education and other pending proceedings at Mysore.
Fact of the Case:
The appellant, a single mother and a teacher, sought transfer of cases from Civil Judge Senior Division, Maddur to the Family Court at Mysore. The High Court declined the transfer.
Finding of the Court:
The court allowed the appeal, considering the appellant's responsibilities and pending proceedings at Mysore, and set aside the High Court's order, transferring the cases to the Family Court at Mysore.
Issues: Transfer of cases from one court to another, appellant's responsibilities as a single mother and a teacher, pending proceedings at Mysore.
Ratio Decidendi: The appellant's responsibilities and pending proceedings at Mysore were considered significant in allowing the transfer of cases to the Family Court at Mysore.
Final Decision: The appeal was allowed, and the cases pending before the Civil Judge Senior Division, Maddur were transferred to the Family Court at Mysore.
ORDER :
1. Leave granted.
2. This appeal is directed against the Impugned Order dated 11th March, 2013 passed by the High Court of Karnataka, at Bangalore, in Civil Petition No. 151 of 2011, whereby the High Court has declined the prayer of the appellant seeking transfer of M.C. No. 21/2010 and W.C. No. 1/2010, filed by the respondent (husband), from the Court of Civil Judge Senior Division, Maddur to the Family Court at Mysore.
3. Despite service of notice, respondent herein has not entered appearance before this Court.
4. Heard learned counsel for the appellant.
5. We have taken note of the fact that the appellant is employed as a teacher and is a single mother responsible for looking after her 9 year old son who is studying at a school at Mysore. Moreover, proceedings in Criminal Miscellaneous No. 158/2011 between the parties pertaining to maintenance are also pending at Mysore. Considering these facts, we are inclined to allow this appeal.
6. Accordingly the impugned order passed by the High Court is set aside. Consequently M.C. No. 21/2010 and W.C. No. 1/2010, between the parties, pending before the Court of Civil Judge Senior Division, Maddur shall stand transferred to the Family Court at Mysore.
7. The appeal is allowed with no order as to costs.
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