Allowed

Smt. Geetha Ravi Magundanavar v. Sri Ravi Magundanavar

Karnataka HC5 Mar 2021CP/93/2020

Case brief

AI extract

What is this about?

This order allowed a civil petition by a wife seeking transfer of matrimonial proceedings from the Family Court at Dharwad to the Family Court at Bengaluru to avoid travel inconvenience, applying the 'Rekha' principle to prioritize the wife's convenience.

What did the court decide?

The proceedings in M.C.No.28/2020 were ordered to be withdrawn from Dharwad and transferred for trial before the Family Court at Bengaluru. Records were to be transmitted forthwith.

Smt. Geetha Ravi Magundanavar Vs Sri Ravi… — 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 5^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.93/2020

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Between:

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Smt. Geetha Ravi Magundanavar, Wife of Ravi Magundanavar, Daughter of M.C. Mala Shetty, Aged about 31 years, No.215, 1^st Main, 7^th Cross, Kenchanahalli, Rajarajeshwarinagar, Bengaluru-560 098. … Petitioner

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(By Sri. Srinivas Manohar Kulkarni, Advocate)

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And:

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Sri. Ravi Magundanavar, Son of Late Shivaputrappa Magundanavar, Aged about 37 years, Residing at Ramanagar, Dharwad-580 023.

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Also at: No.44, ‘Shiva Krupa’, Prashanth Nagar, 5^th Cross, Sadhanakeri, Dharwad-580 008. … Respondent (By Sri. M. Chamaraj, Advocate)

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This Civil Petition is filed Under Sec.24 of CPC, 1908, praying to pass an order to transfer the petition filed by the respondent in M.C.No.28/2020, on the file of the

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Family Court, Dharwad to the Family Court at Bengaluru, in the interest of justice and equity. 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.28/2020 instituted by the respondent – husband pending on the file of Family Court at Dharwad to be transferred to the Family Court at Bengaluru.

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The facts as made out in the petition are that the petitioner and the respondent entered into a matrimonial relationship on 12.12.2014. Subsequently as differences have cropped up in the matrimonial relationship, the respondent has instituted proceedings for dissolution of matrimonial relationship in M.C.No.28/2020 before the Family Court at Dharwad.

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The petitioner submits that in light of distance of travel to attend the proceedings before the

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Court at Dharwad from Bengaluru as the petitioner is residing at Bengaluru causes inconvenience which interferes with the right of fair trial.

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Upon notice learned counsel for the respondent fairly concedes that proceedings may be withdrawn and transferred to be tried before the Family Court at Bengaluru.

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Taking note of the inconvenience as asserted in travelling and also taking note of the distance of travel and also the submission of the learned counsel for the respondent, in light of 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 , the convenience of the wife is to be given precedence and accordingly, a case is made out for allowing the petition.

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6. Accordingly, the petition is allowed. The

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proceedings in M.C.No.28/2020 pending on the file of

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Family Court at Dharwad is to be withdrawn and transferred to be tried before the Family Court at Bengaluru.

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The records pertaining to M.C.No.28/2020 pending on the file of Family Court at Dharwad to be transmitted to the Family Court at Bengaluru forthwith.

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In light of the submission of both the learned counsel that matter requires to be decided expeditiously and they would appear without any further notice before the Family Court at Bengaluru, the Registry to ensure that records are transmitted to the Family Court at Bengaluru before first week of April, 2021.

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Sd/JUDGE

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NS

Smt. Geetha Ravi Magundanavar v. Sri Ravi Magundanavar

Case brief

What is this about?

What did the court decide?

Smt. Geetha Ravi Magundanavar v. Sri Ravi Magundanavar

Case brief

What is this about?

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