Smt Shobha N S vs Sri N Rudraswamy @ Kiran
2024 Latest Caselaw 26915 Kant

Karnataka High Court

Smt Shobha N S vs Sri N Rudraswamy @ Kiran on 11 November, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                              -1-
                                                            NC: 2024:KHC:45619
                                                            CP No. 344 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                                CIVIL PETITION NO.344 OF 2024
                   BETWEEN:

                   1.    SMT. SHOBHA N. S.
                         W/O. N. RUDRASWAMY @ KIRAN
                         D/O. SHIVAPPA
                         AGED ABOUT 30 YEARS
                         OCC. HOUSE WIFE
                         RESIDING AT NONAVINAKERE VILLAGE
                         AND POST, TIPTUR TALUK
                         TUMKUR DISTRICT - 577 224.
                                                                 ...PETITIONER
                   (BY SRI GURUDHATTA K., ADVOCATE)

                   AND:

                   1.    SRI N. RUDRASWAMY @ KIRAN
                         S/O. LATE S. C. NAGARAJAIAH
Digitally signed         AGED ABOUT 37 YEARS
by KIRAN
KUMAR R                  NO.272, KAVERI ROAD
Location: High
Court of
                         4TH CROSS, BEHIND TIN FACTORY
Karnataka                UDAYANAGAR, BENGALURU NORTH
                         BENGLAURU NORTH TALUK - 560 016.
                                                                ...RESPONDENT
                   (BY SRI MADHU M. T., ADVOCATE)

                        THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
                   THE    CIVIL PROCEDURE     CODE   PRAYING   TO    ISSUE
                   APPROPRIATE DIRECTION FOR TRANSFERRING THE PETITION
                   IN M.C. NO.2800/2024 FILED BY THE RESPONDENT AND
                   PENDING ON THE FILE OF THE LEARNED IV ADDL. PRL. JUDGE,
                   FAMILY COURT, BANGALORE IN FAVOR OF LEARNED SENIOR
                   CIVIL JUDGE AND JMFC, TIPTUR. WHERE PETITION FILED BY
                              -2-
                                           NC: 2024:KHC:45619
                                          CP No. 344 of 2024




THE PETITION IN CRL. MISC. NO.227/2024 IS PENDING FOR
TRYING THE ABOVE TWO CASES TOGETHER AND PASSING
JUDGMENTS THEREON, ETC.

     THIS CIVIL PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE N S SANJAY GOWDA


                         ORAL ORDER

1. The wife is before this Court seeking transfer of MC

No.2800/2024 which has been initiated by the

husband before the IV Additional Principal Judge,

Family Court, Bangalore to the Principal Civil Judge

and JMFC, Tiptur.

2. It is the case of the petitioner that she has one year

old child and it would be impossible for her to travel

to Bangalore to prosecute the proceedings initiated

by her husband. She also contends that she and her

one year old child have already instituted

proceedings for maintenance under Section 125 of

the CrPC before the Principal Civil Judge and JMFC at

Tiptur in Crl.Misc.No.227/2024.

NC: 2024:KHC:45619

3. In my view, in light of the above, it would be

appropriate to withdraw MC No.2800/2024 pending

on the file of the IV Additional Principal Judge, Family

Court, Bangalore and transfer the same to the Court

of the Principal Civil Judge and JMFC, Tiptur.

4. The Principal Civil Judge and JMFC, Tiptur shall post

the matrimonial case as well as

Crl.Misc.No.227/2024 on the same day and dispose

of both matters in accordance with law.

5. Since both parties are represented by their counsels,

they are directed to appear before the Principal Civil

Judge and JMFC, Tiptur on 09.12.2024.

6. This petition is thus allowed.

Sd/-

(N S SANJAY GOWDA) JUDGE

GSR