¹

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 12^TH DAY OF OCTOBER, 2020

BEFORE

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

CIVIL PETITION NO.118 OF 2017

BETWEEN:

SMT. REVATHI.R

W/O G. LOKESHA

AGED ABOUT 25 YEARS

RESIDING AT NO. 45, 4^TH MAIN

I CROSS, SARASWATHIPURAM

SHAMANNA LAYOUT, ULSOOR

BENGALURU – 560 008.

…PETITIONER

(BY SRI. K. KALYAN BASAVARAJ, ADV.)

AND:

SRI.G. LOKESHA

S/O S. GAJENDRA MUDALIYAR

AGED ABOUT 35 YEARS

RESIDING AT NO. SK-51/1

NEW COLONY, BHADRAVATHI TOWN

SHIMOGA DISTRICT – 577 301.

…RESPONDENT

(BY SRI. MAHESHA.M, ADV.)

THIS C.P. IS FILED UNDER SECTION 24 OF CPC,

PRAYING TO TRANSFER THE PETITION AND TRANSFER THE

PETITION FILED BY THE RESPONDENT FOR RESPONDETN FOR

RESTITUION OF CONJUGAL RIGHTS IN MC NO. 34/2016

PENDING ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE

AND JMFC, BHADRAVATHI, TO THE HON’BLE PRINCIPAL JUDGE,

FAMILY COURT AT BENGALURU, IN THE INTEREST OF JUSTICE

AND EQUITY.

THIS C.P. COMING ON FOR ADMISSION THIS DAY, THE

COURT MADE THE FOLLOWING:-

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ORDER

In this petition filed by the petitioner-wife against

respondent-husband, the petitioner seeks transfer of

M.C.No.34/2016 pending before the Senior Civil Judge &

JMFC, Bhadravathi to Principal Judge, Family Court,

Bengaluru where the petitioner- wife is residing.

2.

A perusal of the petition in M.C.No.34/2016

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

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.

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3.

Accordingly, the petition is allowed and

M.C.No.34/2016 pending on the file of Senior Civil Judge &

JMFC, Bhadravathi is hereby transferred to the Principal

Judge, Family Court, Bengaluru for disposal in accordance

with law.

Sd/-

JUDGE

Mds.