Smt Yalamanda Padma Priya v. Sri Yalamanda Eshwar

Karnataka HC17 Mar 2021CP/47/2021

Case brief

AI extract

What is this about?

The petitioner wife challenged orders granting restitution of conjugal rights sought against her at Tirupati. She filed a civil petition under Section 23 of CPC seeking transfer of those proceedings to Bengaluru due to residence inconvenience. This Court held that it lacks power to withdraw proceedings pending before a court in a sister state not subordinate to it, declared the petition non-mainta

What did the court decide?

Petition rejected as non-maintainable.

Smt Yalamanda Padma Priya Vs Sri Yalamanda… — Civil Procedure and Limitation | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH 2021

¶3

BEFORE

¶4

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

¶5

CIVIL PETITION No.47/2021

¶6

Between:

¶7

Smt. Yalamanda Padma Priya W/o Yalamanda Eswar, Aged about 34 years, R/at No.171/5/32, 2^nd Cross, Muniyappa Layout, Back Side of R.N.S. Maruthi, Garebhavi Palya, Hosur Main Road, Bengaluru – 560 068.

¶8

… Petitioner

¶9

(By Sri. Rudrappa P., Advocate)

¶10

And:

¶11

Sri. Yalamanda Eswar S/o late Yalamanda Lakshmanna, Aged about 35 years, R/at No.4-11-56/710, Gaju Street, Tirupati, Chittoor District – 517 501. … Respondent

¶12

This Civil Petition is filed Under Sec.23 of CPC, 1908, praying to transfer the petition in H.M.O.P. No.111/2019 pending on the file of the Principal Senior Civil Judge Court, Tirupati to the file of Hon’ble Principal Family Court, Nyayadegula, Bengaluru, Karnataka and etc.,

¶13

¶14

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

¶15

ORDER

¶16

The petitioner who is the wife has sought for withdrawal of the proceedings in HMOP.No.111/2019 pending on the file of Principal Senior Civil Judge at Tirupati and has sought for transfer of the same to the Court of Principal Judge, Family Court, Bengaluru.

¶17

The petitioner submits that the respondent has instituted proceedings in HMOP No.111/2019 seeking for restitution of conjugal rights at the Court at Tirupati and that the petitioner being the resident of Bengaluru inconvenience involved in travelling to attend proceedings at Tirupati interferes with her right of fair trial.

¶18

However, it is noticed that the proceedings withdrawal of which has been sought for are pending before the Court at Tirupati.

¶19

¶20

4. In light of the same, it cannot be held that

¶21

this Court has power to withdraw such of the proceedings pending before the Court at Tirupati and that Section 23 of CPC would not provide for withdrawal of such proceedings pending before the Court which is not a Court subordinate to this Court.

¶22

Accordingly, the present petition is not

¶23

maintainable and accordingly, the petition is rejected.

¶24

6. Contentions of the petitioner are however

¶25

kept open and reserving liberty to the petitioner to explore such of the remedy as is permissible to seek for transfer.

¶26

Accordingly, I.A.No.1/2021 is disposed off as not

¶27

calling for any further orders as in light of disposal of the petition.

¶28

Sd/JUDGE

¶29

Smt Yalamanda Padma Priya v. Sri Yalamanda Eshwar

Case brief

What is this about?

What did the court decide?

Smt Yalamanda Padma Priya v. Sri Yalamanda Eshwar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S the Mysore Acetate and Chemicals Co. Ltd. (in Liqn) Vs Nil

M/S. Blue Crystal Agro Chemicals Ltd. (in Liqn) Vs Nil

M/S Intermodel Transport Technology System Vs Nil

M/S Westbury Hospitality Private Limited Vs Mr. G.V. Chandrasekhar

P T Mamatha Vs M v Ashoka @ Lokesh

M/S. Gati Kintetsu Express Pvt. Ltd. Vs M/S. N v S Associates