Allowed

Smt. Annapoorna D M v. Sri Lokesha K.C.

Karnataka HC3 Feb 2021CP/136/2020

Case brief

AI extract

What is this about?

The petitioner-wife sought transfer of matrimonial proceedings from Koppal Family Court to Hunsuru Senior Civil Judge due to travel inconvenience exceeding 500km. The Court allowed the transfer in the interest of justice, relying on the wife's convenience as a relevant factor.

What did the court decide?

Civil petition allowed; proceedings transferred to Senior Civil Judge and JMFC, Hunsuru.

Smt. Annapoorna D M Vs Sri Lokesha K.C. — Matrimonial and Divorce | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 3^RD DAY OF FEBRUARY 2021

¶4

BEFORE

¶5

THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

¶6

CIVIL PETITION No.136/2020

¶7

Between:

¶8

Smt. Annapoorna D.M., Aged about 23 years, W/o Sri Lokesha K.C., D/o Sri Mahadeva Shetty, R/at 2481/4, New Maruthi Layout, Hunasuru Town, Hunasuru Taluk, Mysuru - 571 105. … Petitioner

¶9

(By Ms. Anupama Shankar Arahunashi, Advocate)

¶10

And:

¶11

Sri Lokesha K.C., Aged about 31 years, S/o Sri Late Chikkahonna Shetty, R/at Kamagowdanahalli Village, Hanagodu Hobli, Hunasuru Taluk, Mysuru - 571 105.

¶12

And working at: Police Constable (PC No.413) Karnataka State Police, Unit - I, R.B. Munirabad, Koppal District. … Respondent (By Sri Abhinay Y.T., Advocate)

¶13

¶14

This Civil Petition is filed under Section 24 of CPC, 1908, praying to transfer the proceedings in M.C. No.149/2020 pending on the file of Principal Judge, Family Court, Koppal to Senior Civil Judge and JMFC, Hunsuru, at Hunsuru Taluk, Mysuru District, having jurisdiction to try the matrimonial disputes, in the interest of justice and equity.

¶15

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

¶16

ORDER

¶17

The petitioner who is the wife has filed the present petition seeking for withdrawal of the proceedings in M.C.No.149/2020 instituted by the respondent-husband seeking dissolution of the marriage, which is pending before the Principal Judge, Family Court, Koppal and has sought for transfer of the said proceedings to the court of Senior Civil Judge and JMFC, Hunsuru.

¶18

The facts as made out in the petition is that the petitioner and the respondent's marriage was solemnized on 30.04.2017 and they have a child born from within the wedlock aged about 2 1/2 years who is staying with the petitioner. It is submitted that the distance between the petitioner's residence at Mysuru and the court at Koppal is more than 500 Kms., and if the petitioner were required to

¶19

¶20

attend the proceedings and return back, the same would involve travel of 1000 Kms. It is submitted that travelling such a distance would seriously inconvenience her and interfere with the right of fair trial. Hence, she has sought for transfer of the proceedings.

¶21

Upon notice, the learned counsel for the respondent who represent the respondent submits that the respondent is a police constable and he has difficulty in obtaining leave if the proceedings are transferred, and apart from the said grievance, there are no serious objections as regards to transfer.

¶22

Taking note of the inconvenience pointed out by the petitioner and the distance of travel involved in attending the proceedings before the Family Court at Koppal, and taking note of the inconvenience made out by the petitioner-wife and in light of the judgment of Smt.M.V.Rekha v. Sri Sathya @ Suraj reported in ILR 2010 KAR 5407, wherein this Court after appreciating

¶23

the law on the point has stated that wife’s convenience

¶24

¶25

would be a relevant factor to be taken note of while considering the transfer petitions, a case is made out for allowing this petition.

¶26

Accordingly, the petition is allowed. The

¶27

proceedings in M.C.No.149/2020 pending on the file of Principal Judge, Family Court, Koppal is to be withdrawn and transferred to the court of Senior Civil Judge and JMFC, Hunsuru. However, it is observed that the court upon transfer may take note of request for proceedings to be made under the 'Rules for Video Conferencing for Courts, 2020' as far as permissible and practicable in an appropriate manner. Note is also taken of the undertaking that respondent would be present as and when required personally.

¶28

The records pertaining to M.C.No.149/2020 pending on the file of Principal Judge, Family Court, Koppal is to be transmitted to the court of Senior Civil Judge and JMFC, Hunsuru.

¶29

Sd/-

¶30

JUDGE

¶31

Np/-

Smt. Annapoorna D M v. Sri Lokesha K.C.

Case brief

What is this about?

What did the court decide?

Smt. Annapoorna D M v. Sri Lokesha K.C.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Siddagangamma Vs State of Karnataka

Smt. Rekha H Vs the State of Karnataka

The Executive Engineer Vs the Special Land Acquisition Officer

Sanal Khan Vs Arshiya

Smt Rohini Agasar Vs Sri Narasoji K

M/S. Veena Rolling Forms India Pvt. Ltd. Vs the Assistant Commissioner of Commercial Taxes