ASHA Vs. MANJUNATHA E. V.

JUDGEMENT

(1.) This petition is filed under Sec. 24 of CPC by the respondents in G and WC.No.3/2023 on the file of the Principal Judge, Family Court at Tumkur praying for transfer of G and WC.No.3/2023 on the file of Principal Judge, Family Court at Tumkur to the Court of Principal Senior Civil Judge and JMFC at Holalkere.

(2.) Heard the learned counsel Sri.R.Shashidhara for petitioners and learned counsel Ms.Divya.K., for respondent. Perused the civil petition papers.

(3.) Learned counsel for the petitioners Sri.R.Shashidhara would submit that the respondent/husband of first petitioner filed petition under Sec. 9 of the Guardian and Wards Act, 1890 (for short, '1890 Act') seeking custody of the petitioner Nos.2 and 3 before the Principal Judge, Family Court at Tumkur. Learned counsel would submit that at the time of filing petition, minor children - petitioner Nos.2 and 3 were residing at Kotehalli Village, Holalkere Taluk. As the petition is to be filed under Sec. 9, within the jurisdiction of District Court from the place where the minor ordinarily resides, learned counsel would submit that in the interest of the children, the petition is required to be transferred. But, he submits that at present, the children are studying at Sri Chaitanya Techno School at Davanagere. Therefore, he prays for transferring of G and WC.No.3/2023 to the District Court at Davanagere.