Smt N Rani @ Kavyashri vs Sri Praveen K S
2022 Latest Caselaw 3945 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 08 T H DAY OF MARCH, 2022

                         BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

           CIVIL PETITION NO.15 OF 2021

BETWEEN:

Smt. N.Rani @ Kavyashri
W/o Praveen K.S.,
Aged about 32 years,
Kuratti Beed i,
Doddionduvad i Villag e,
Kolleg al Taluk,
Chamarajnag ar Taluk
                                               ...Petitioner
(By Sri Srinivas V., Advocate)

AND:

Sri Praveen K.S.,
S/o Shivaling e Gowda,
Aged about 40 years,
Now R/at No.12/13, 2 n d Floor,
22 n d Cross, 4 t h Main,
Someshwara Layout,
Hulimavu, Beng aluru South,
Bannerg hatta Road , Beng aluru-76.
                                             ...Respondent
(By Sri Ravi M.M., Advocate)

      This Civil Petition is filed und er Section 24 of CPC
praying to call for records in M.C.No.5200/2016 on the
file of Hon'ble VI Addl. Prl. Judge, Family Court at
Beng aluru and allow this p etition and transfer
M.C.No.5200/2016 on the file of the Hon'ble VI Addl.
Prl. Judg e, Family Court at Beng aluru to Senior Civil
Judge and JMFC at Kolleg al and etc.
                                    :: 2 ::


     This Civil Petition coming on for admission this
day, the Court mad e the following :

                                   ORDER

This petition is filed by the wife seeking

transfer of M.C.5200/2016 on the file of VI

Additional Principal Judge, Family Court,

Bengaluru, to the court of Senior Civil Judge,

Kollegal.

2. Heard Sri Srinivas V for the petitioner and

Sri Ravi M.M for the respondent.

3. M.C.5200/2016 is filed by the husband for

divorce and M.C.34/2019 is filed by the wife

seeking for restitution of conjugal rights. Sri

Srinivas V submits that if both the cases are tried

together, the court will be able to take a just

decision. Moreover, the wife finds it difficult to

travel from Kollegal to Bengaluru. But Sri Ravi

M.M submits that in M.C.5200/2016, the case is

heard on merits after conclusion of the trial and :: 3 ::

the Family Court, Bengaluru, has to give its

judgment.

4. The stage in M.C.5200/2016 is not

disputed. Since the said case is at the verge of

closure, it may not be feasible to transfer the

case to Kollegal from Bengaluru. In this view, the

petition is dismissed.

Sd/-

JUDGE

ckl/-