Allowed

Sharavani Batni v. Pavan Jahagirdar

Karnataka HC6 Feb 2021CP/36/2020

Case brief

AI extract

What is this about?

The High Court allowed a petitioner wife's petition under Section 24 CPC, transferring matrimonial proceedings from the Family Court, Bengaluru, to Shivamogga due to her financial dependency and significant travel distance affecting her right to a fair trial.

What did the court decide?

Proceedings in M.C.No.5736/2019 withdrawn from Family Court, Bengaluru and transferred to Family Court, Shivamogga.

Sharavani Batni Vs Pavan Jahagirdar — Matrimonial and Divorce | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY 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.36/2020

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BETWEEN:

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Sharavani Batni, Aged about 27 years, W/o Pavan Jahagirdar, R/o Near Mari Gadige, Teru Beedhi, Sri Printers, Cart Street, Shikaripura - 577 427, Shivamogga District. … Petitioner

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(By Sri P.N. Harish, Advocate)

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AND:

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Pavan Jahagirdar, Aged about 31 years, S/o Shamrao Jahagirdar, R/o No.310, 4^th Main, 7^th Cross, Srinivasa Nagar, Bengaluru - 560 050. … Respondent

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(Respondent - Served)

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This Civil Petition is filed under Section 24 of CPC, praying to withdraw the case bearing Number M.C.No.5736/2019 from the file of Hon'ble I Additional Principal Judge, Family Court, Bengaluru and transfer to the file of learned Family Court, Shivamogga by allowing this petition with costs in the ends of justice.

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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 is seeking for withdrawal of proceedings in M.C.No.5736/2019 pending on the file of I Additional Principal Judge, Family Court, Bengaluru and seeks for transfer of the same to the Family Court, Shivamogga.

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It is noticed that despite service of notice, there

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is no representation on behalf of the respondent.

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The facts as made out in the petition are that the marriage of the parties was solemnized on 24.02.2019 and

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that some time after the marriage differences in the matrimonial relationship had cropped up. It is further submitted that the respondent-husband has initiated proceedings in M.C.No.5736/2019 before the I Additional Principal Judge, Family Court, Bengaluru.

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The petitioner submits that she is presently residing with her parents at Shikaripura and travelling to

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Bengaluru would involve travel of more than 600 Kms. to attend the proceedings and to return back.

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It is further submitted that in light of such travel, the petitioner may be required to stay over at Bengaluru, if she were to attend the proceedings. It is asserted that such travel and probable stay in another city considering her financial position as she is dependent on her parents without independent source of income or employment, affects her right for a fair trial.

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6. The respondent though served has not appeared

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to contravert the assertions made by the petitioner.

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Taking note of the inconvenience involved in travelling as pointed out by the petitioner and also taking note that she has no independent source of income and is dependent on her parents, the assertion that inconvenience made out above prejudices her right for fair trial deserves acceptance.

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In light of the law laid down by this Court in the case of Smt.M.V.Rekha v. Sri Sathya @ Suraj reported in ILR 2010 KAR 5407 , this would be a case where convenience of wife needs to be given precedence. Hence, a case is made out for allowing the petition

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Accordingly, this petition is allowed. The proceedings in M.C.No.5736/2019 pending on the file of I Additional Principal Judge, Family Court, Bengaluru is to be withdrawn and transferred to the Family Court, Shivamogga.

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The records pertaining to M.C.No.5736/2019 pending on the file of I Additional Principal Judge, Family Court, Bengaluru is to be transmitted forthwith to the Family Court, Shivamogga.

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Sd/JUDGE

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VGR

Sharavani Batni v. Pavan Jahagirdar

Case brief

What is this about?

What did the court decide?

Sharavani Batni v. Pavan Jahagirdar

Case brief

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