(N.V. Ramana and Prafulla C Pant, JJ.)
G.R. Bhuvaneshwari _________________________________ Appellant
v.
G.S. Puttaraju _____________________________________ Respondent
Civill Appeal No. 5498 of 2017 Arising out of Special Leave Petition (Civil) No. 3005 of 2014, decided on April 21, 2017
The Order of the court was delivered by
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.
Petition(s) for Special Leave to Appeal (C) No(s). 3005/2014
G.R. Buvaneshwari _________________________________ Petitioner
v.
G.S Puttaraju ______________________________________ Respondent
Date: 21/04/2017 This petition was called on for hearing today.
(Before N.V. Ramana and Prafulla C Pant, JJ.)
For Petitioner(s) Ms. Aishwarya Bhati, Adv.
Mr. Jaideep Singh, Adv.
Mr. T. Gopal, Adv.
Ms. Heena Khan, Adv.
Ms. Monika Sharma, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
Order
8. Leave granted.
9. The appeal is allowed in terms of the signed order.
10. Pending applications, if any, shall stand disposed of.
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