In the High Court of Karnataka at Bangalore Dated This the 17 Th Day of November, 2014 Before the Hon’Ble Mr.Justice B.S.Patil

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 17 TH DAY OF NOVEMBER, 2014 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL C.P.No.228/2014 c/w. C.P.No.240/2014 IN C.P.No.228/2014 BETWEEN SMT. D.B POORNIMA W/O H P MANJUNATHA, AGEDABOUT 28 YEAS, R/AT DHARMEGOWDANAPALYA, NONAVINAKEE HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572201. ... PETITIONER (By SRI K.V.NARASIMHAN, ADV.) AND SRI. MANJUNATHA H.P @ BHANUMURTHY S/O H PUTTA REVANNA, AGEDABOUT 31 YEARS, R/AT NO.104/1,I MAIN OAD, CONSEVANCY LNE, CHAMARAJPET, BANGALOE-560 018. ... RESPONDENT (By SRI M.B.CHANDRACHOODA, ADV.) This Civil Petition filed under Sec.24 of CPC, praying to transfer the case in MC No. 3967/2013 pending on the file of the 4th Addl. Family Court at Bangalore to the Court of the Civil Judge (Sr. Div), at Tiptur and etc. 2 IN C.P.No. 240/2014 BETWEEN SRI MANJUNATHA H P @ BHANUMURTHY, S/O H R PUTTAREVANNA, AGED 30 YEARS, R/AT NO.104/1, 1ST MAIN ROAD, CONSERVANCY LANE, CHAMRAJPET, BANGALORE-560 018. ... PETITIONER (BY SRI. M B CHANDRACHOODA, ADV. ) AND SMT D B POORNIMA W/O H P MANJUNATHA, AGED 28 YEARS, R/AT DHARMEGOWDANAPALYA, NONAVINAKERE HOBLI, TIPTUR TALUK TUMKUR DISTRICT, WORKING AS ASSISTANT TEACHER, GOVERNMENT PRIMARY SCHOOL, HANCHEHALLI,KORATAGERE TQ, TUMKUR DISTRICT. ... RESPONDENT (BY SRI.K V NARASIMHAN, ADV.) This Civil Petition filed under Sec.24 of CPC, praying to transfer of MC No. 44/2014 pending on the file of Senior Civil Judge at Tiptur to IV Additional Family Court at Bangalore, wherein, MC No. 3967/2013 is pending and dispose off the same in accordance with law. These petitions coming on for admission this day, the Court made the following: 3 ORDER 1. C.P.228/2014 is filed by the wife seeking transfer of M.C.No.3967/2013 filed by her husband pending on the file of the IV Additional Family Court, Bangalore, to the Court of learned Senior Civil Judge, Tiptur. Petitioner has filed an application today into the Court seeking amendment of the prayer for transfer of the case from Bangalore to Koratagere instead of Bangalore to Tiptur. 2. C.P.No.240/2014 is filed by the husband seeking transfer of M.C.No.44/2014 filed by his wife pending on the file of the learned Senior Civil Judge, Tiptur to the IV Additional Family Court, Bangalore where M.C.No.3967/2013 is pending. 3. Wife has filed objections stating that she has objection for transfer of M.C.No.44/2014 filed by her seeking restitution of conjugal rights before the learned Senior civil Judge, Tiptur, to the Family Court at Bangalore, but she has no objection for transfer of the same to the jurisdictional Court at Koratagere. 4. According to Sri K.V.Narasimhan, learned counsel appearing for the wife, the wife is now working at Koratagere as Assistant Teacher and therefore, it would be convenient if both 4 the matters are transferred to Koratagere. It is his submission that being a lady she will not be in a position to travel between Koratagere and Bangalore, each time the case is posted at Bangalore. 5. Per contra, Sri Chandrachud, learned counsel appearing for the husband submits that wife has been working at Koratagere even prior to the marriage and that the matrimonial case filed by the husband for divorce is earlier in point of time and only as a counter blast, the wife has filed subsequent proceedings seeking restitution of conjugal rights at Tiptur. He, further, submits that distance between Koratagere and Bangalore is only about 50 kms., whereas distance between Koratagere and Tiptur is around 75 kms. therefore, question of allowing amendment permitting the wife to seek transfer of the matrimonial case filed by the husband to Koratagere would not arise at this stage. He also submits that it would result in hardship and prejudice to the husband, if his case which is filed earlier in point of time in the year 2013 is now withdrawn and transferred to Koratagere. 5 6. Having heard the learned counsel for the parties, I find that distance between Koratagere and Bangalore is only about 50 kms. and therefore, it will not result in serious hardship and prejudice for the wife to attend the case at Bangalore. If the case is prosecuted at Tiptur, it will not be either in the interest of the wife or the husband because it will not be convenient for both of them. Hence, the application filed by the wife seeking amendment of prayer in C.P.No.228/2014 for transfer of the case from Bangalore to Koratagere is dismissed. 7. There is no material to show that there is any harassment or any kind of threat to the wife, if she is made to appear before the Family Court at Bangalore. No complaint is filed in this regard. Mere assertion made in the statement of objection cannot be relied upon at this stage. Hence, in my view, it would be in the interest of both parties, if both the cases are taken up before the Family Court at Bangalore. 8. Therefore, C.P.No.228/2014 filed by the wife is dismissed. C.P.No.240/2014 filed by the husband is allowed. M.C.No.44/2014 pending on the file of the learned Senior Civil Judge, Tiptur is withdrawn and transferred to the file of learned 6 IV Additional Judge, Family Court, Bangalore, where M.C.No.3967/2013 filed by the husband is pending, for disposal in accordance with law. SD/- JUDGE PKS .

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