Allowed

Smt v. R Anitha v Ashok Kumar. G

Karnataka HC12 Mar 2021CP/39/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka, residing matter on admission, allowed a civil petition filed by a wife seeking transfer of her husband's dissolution of marriage petition from Bengaluru to Shivamogga. The transfer was ordered to consolidate proceedings and avoid conflicting decrees, noting the petitioner's residence and travel inconvenience.

What did the court decide?

Proceedings in M.C.No.1066/2019 to be withdrawn from Family Court at Bengaluru and transferred to Family Court at Shivamogga for disposal.

Smt v R Anitha Vs Ashok Kumar. G — 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 12^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.39/2020

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Between:

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Smt.V.R Anitha Aged about 27 years W/o Ashok Kumar G Presently at C/o Smt.Lakshmamma Gowri 5^th Cross Hosamane Extension Shivamogga – 577201.

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... Petitioner

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(By Sri.Chidambara G S, Advocate)

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And:

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Ashok Kumar G Aged about 39 years S/o Late Ganeshan R/o House No.20, 2^nd Cross Vinayaka Layout Horamavu Bengaluru – 560043.

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… Respondent

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(By Sri.A Radhakrishna, Advocate)

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This Civil Petition is filed under Section 24 of CPC., praying this Hon’ble Court to withdraw M.C.No.1066/2019

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filed by the respondent and pending on the file of Principal Judge, Family Court at Bengaluru and transfer the same to the Family Court at Shivamogga for disposal in accordance with law, 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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At the outset, as it is to be noticed that there is no representation on behalf of the respondent, this Court had also observed in the order on 06.02.2021 that there was no representation on behalf of the respondent. The order dated 06.02.2021 reads as follows;

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“No representation on behalf of the respondent.

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As a last chance, list the matter week after next.

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Interim order earlier granted is extended till the next date of hearing.”

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Hence, the matter is proceeded with in the

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absence of any representation on behalf of the respondent as there is no representation when the matter is called out.

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The petitioner - wife submits that the petitioner and respondent had entered matrimonial relationship on 04.09.2016 and after some time, disputes cropped up in the matrimonial relationship.

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It is submitted that the respondent – husband has instituted the proceedings in MC No.1066/2019 seeking for dissolution of the matrimonial relationship, which is pending before the Family Court at Bengaluru. It is further submitted that the petitioner had also initiated proceedings in MC No.226/2018 seeking for restitution of conjugal rights, which was initiated at an earlier point of time and it is pending before the Family Court at Shivamogga.

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Taking note of the nature of the relief sought for in MC No.226/2018 (restitution of conjugal rights) and the relief sought for in MC No.1066/2019 (dissolution of matrimonial relationship), in order to avoid passing of conflicting decrees, it is just and appropriate that the proceedings are to be tried before the same Court. Taking

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note of the inconvenience of the wife as pointed out which involves in travelling a distance of 300 kilometers to attend the proceedings before the Family Court at Bengaluru and noticing that the petitioner is presently staying at Shivamogga, case is made out for transfer of proceedings in MC No.1066/2019 to the Family Court at Shivamogga to be tried along with MC No.226/2019.

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Accordingly, the petition is allowed. The proceedings in M.C.No.1066/2019 pending on the file of the Principal Judge, Family Court at Bengaluru is to be withdrawn and transferred to the Family Court at Shivamogga.

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The records pertaining to M.C.No.1066/2019 pending on the file of the Principal Judge, Family Court at Bengaluru to be transmitted to the Family Court at Shivamogga, forthwith.

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Sd/-

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NBM

Smt v. R Anitha v Ashok Kumar. G

Case brief

What is this about?

What did the court decide?

Smt v. R Anitha v Ashok Kumar. G

Case brief

What is this about?

What did the court decide?

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