GANGABAI Vs. SHARNAPPA

JUDGEMENT

(1.) THIS petition is filed under Section 24 of CPC seeking transfer of Original Suit No. 2/2013 pending on the file of the Family Court at Bijapur, to the Family Court at Kalaburagi, wherein an execution petition filed by the petitioner in Criminal Execution Petition No. 236/2014 is pending.

(2.) AFTER filing of this petition, notice was ordered to the respondent. In fact, earlier notice issued to the respondent was returned for want of correct address. Subsequently, after furnishing the correct address a notice was further ordered under registered post to the respondent herein. The said notice returned with postal endorsement that respondent refused to receive the notice. Hence, this Court has held that service of notice on the respondent as sufficient. As the respondent did not appear before this Court inspite of deemed service of notice on him, the matter is heard on merits on the part of the petitioner and disposed of by this order.

(3.) THE order passed in Criminal Miscellaneous No. 119/2013 clearly discloses that the respondent contested the proceedings throughout by means of filing objections to the main petition. Inspite of best efforts by the Court, conciliation was failed and ultimately, the matter went on merits and disposed of. The objections taken out by the respondent in the Criminal Miscellaneous shows that he specifically denied the relationship with the petitioner as well as her daughter Manjula. The said factum of defence taken up by the respondent was negatived by the Family Court and ultimately, granted the maintenance order. Of -course, there is no bar to file suit, because under Section 125 of Cr.P.C., for a limited purpose the Court can consider the relationship between the parties, ultimately, parties are at liberty to prove their pleas before the Civil Court. But the question here is respondent has accepted the jurisdiction of Family Court, Kalaburagi, with reference to the case dealing under Section 125 of Cr.P.C., and he contested the proceedings and ultimately, he has not challenged the said order and findings given therein. Therefore, in my opinion, in order to make the petitioner to run from pillar to post and to go from Kalaburagi to Bijapur to attend the original suit, he filed the original suit at Bijapur Court.