Allowed

Smt Manju .N @ Puttamanjula v. Sri Chinnaswamy

Karnataka HC19 Mar 2021CP/296/2019

Case brief

AI extract

What is this about?

Petitioner wife sought transfer of matrimonial proceedings from Chamarajanagar to Mysuru Family Court citing her residence, travel distance, and safety apprehensions. High Court allowed the transfer in interest of justice, noting wife's convenience takes precedence.

What did the court decide?

Proceedings in M.C.No.4/2019 transferred from Additional Senior Civil Judge and JMFC, Chamarajanagar, to II Additional Principal Family Court, Mysuru.

Smt Manju .N @ Puttamanjula Vs Sri Chinnaswamy — Matrimonial and Divorce | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF MARCH 2021

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BEFORE

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

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CIVIL PETITION No.296/2019

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Between:

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Smt.Manju.N.@ Puttamanjula W/o Chinnaswamy D/o Nagaraju, (Cheeti Nagaraju) Aged about 27 Years R/o Duddagere Village Varuna Hobli Mysuru Taluk-570004.

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… Petitioner

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(By Sri. K.R.Lingaraju, Advocate)

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And:

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Sri. Chinnaswamy S/o. Mallanna R/o Basappanapalya Village Chandakavadi Hobli Chamarajanagar District-571342.

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(By Sri. Mahesh.M, Advocate )

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This Civil Petition is filed Under Sec.24 of CPC, 1908, praying to Transfer the M.C.No.04/2019 pending on the file of the Additional Senior Civil Judge and JMFC at Chamarajanagar to the II Additional Prl.. Family court at Mysuru in pending C.Mis.No.164/2019 in the interest of justice and equity and etc.,

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

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ORDER

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The petitioner who is the wife has sought for withdrawal of the proceedings in M.C.No.4/2019 instituted by the respondent-husband for dissolution of matrimonial relationship on the file of the Additional Senior Civil Judge and JMFC at Chamarajanagar and has sought for transfer of the same to the II Additional Principal Family Court at Mysuru.

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The petitioner states that she is a resident

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of Duddagere Village, Varuna Hobli, Mysuru Taluk while the respondent has initiated proceedings for dissolution of matrimonial relationship in M.C. No.4/2019 before the Court of Senior Civil Judge and JMFC at Chamarajanagar.

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It is submitted that the distance of travel

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from the petitioner’s place of residence to the Court at

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Chamarajanagar is about 60 Kms. It is further submitted that there is no direct bus connectivity from her place of residence to the Court at

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Chamarajanagar.

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Accordingly, it is submitted that in light of

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the financial condition of the petitioner and also in light of the apprehension expressed as regards to her safety as specifically contended in paragraph 5 of the petition proceedings may be withdrawn as prayed for.

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Learned counsel for the respondent submits that C.Misc.No.164/2019 pending before the Principal Family court at Mysuru has been disposed off and that the child is with the respondent which needs to be taken note of. It was further submitted that respondent would also face inconvenience if the matter is transferred to the Family Court at Mysuru.

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Heard both sides.

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7. Taking note of the admitted facts that the

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petitioner is residing at Duddagere Village, Varuna Hobli, Mysuru Taluk and the distance of travel is about 60 Kms from the place of residence of the petitioner to the Court and also in light of the apprehension of her safety as expressed, case is made out for allowing the petition.

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No doubt learned counsel for the respondent has contended that there would be no intimidation of the petitioner, however, taking note of the distance of travel involved and the apprehension entertained, case is made out for allowing the petition.

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Note is also taken note of the law laid down by this Court in the case of Smt.M.V.Rekha v/s Sri Sathya @ Suraj reported in ILR 2010 KAR 5407, which provides that the convenience of the wife is a matter to be given precedence.

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Accordingly, the petition is allowed. The proceedings in M.C.No.4/2019 pending on the file of the Additional Senior Civil Judge and JMFC at Chamarajanagar is ordered to be withdrawn and transferred to the II Additional Principal Family Court at Mysuru.

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The records pertaining to M.C.No.4/2019 pending on the file of the Additional Senior Civil Judge and JMFC at Chamarajanagar to be transmitted to the II Additional Principal Family Court at Mysuru

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forthwith.

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Sd/JUDGE

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Smt Manju .N @ Puttamanjula v. Sri Chinnaswamy

Case brief

What is this about?

What did the court decide?

Smt Manju .N @ Puttamanjula v. Sri Chinnaswamy

Case brief

What is this about?

What did the court decide?

What the court decided

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