The Court allowed a petition to withdraw and transfer pending restitution of conjugal rights proceedings from the Family Court, Ballari, to the Family Court, Bengaluru, prioritizing the wife's attendance convenience.
The proceedings in M.C.No.134/2020 pending before the Family Court, Ballari were withdrawn and transferred to the Family Court at Bengaluru.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL PETITION No.191/2020
Between:
Smt.Poornima H.M. w/o T.M.Mallikarjuna, Aged 29 years, D/o H.M.Mryuthunjaya, R/o H.No.270, MuraliNilayam, Annappa Reddy Layout, 6th Cross, Ramamurthy Nagara, Bengaluru-560016. … Petitioner
(By Sri.Jagadeesh.H.T, Advocate)
And:
Sri.T.M.Mallikarjuna, S/o T.M.Vijayakumar, Aged about 31 years, R/o 41/E, Second Main Road, Beside Vidyanikhetana Convent School, Parvathi Nagar, Ballari. … Respondent
(By Sri.J.M.Anil Kumar, Advocate)
This Civil Petition is filed Under Sec.24 of CPC, praying to withdraw and transfer the restitution of conjugal rights proceedings in M.C.134 of 2020, on the file of Hon’ble Principal Judge, Family Court, Ballari, to the
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Hon’ble Court of Family Judge, Bengaluru in the interest of justice and equity.
This Civil Petition coming on for admission this day, the Court made the following:
ORDER
The petitioner who is the wife has filed the present petition seeking for withdrawal of the proceedings in M.C.No.134/2020 instituted by the respondent-husband seeking for restitution of conjugal rights pending before the Principal Judge, Family Court, Ballari and has sought for transfer of the same to the Family Court at Bengaluru.
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Both the learned counsels submit that parties are keen on attempting settlement through mediation.
In light of the said statement if a joint request is made before the Court to which proceedings are transferred, Court to take note of in an appropriate manner and pass orders.
Sd/JUDGE
NS
2 issues framed by the court
Whether costs of travel for the wife should dictate transfer of restitution of conjugal rights proceedings from Ballari to Bengaluru.
Whether proceedings for restitution of conjugal rights initiated in Ballari can be withdrawn and transferred to Bengaluru.
Colour shows how this judgement treated each authority
Smt.M.V.Rekha v/s Sri Sathya @ SurajApplied¶21
Smt.M.V.Rekha v/s Sri Sathya @ Suraj reported in ILR 2010 KAR 5407 · Who else cites this
1 provisions across 1 enactments
Smt.Poornima H.M.
Sri.T.M.Mallikarjuna
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
