Disposed

N. Mohammed Gufran v. R. Sowmya

Karnataka HC8 Mar 2022CP/127/2019

Case brief

AI extract

What is this about?

The High Court disposed of two cross-transfer petitions under Section 24 CPC by transferring both matrimonial cases from Chitradurga and Bengaluru courts to the Senior Civil Judge, Sira, to facilitate joint trial and equitable convenience for the parties.

What did the court decide?

M.C.136/2017 and M.C.3583/2017 transferred to Senior Civil Judge, Sira; husband to bear wife's travel and litigation expenses; Rs.5,000 advance deposited.

N. Mohammed Gufran Vs R. Sowmya — Service and Employment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 08^TH DAY OF MARCH, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CIVIL PETITION NO.127 OF 2019 C/W CIVIL PETITION NO.269 OF 2019

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In CP No.127/2019

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BETWEEN:

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N.Mohammed Gufran, S/o Late Navab Saheb, Aged about 31 years, No.55, 3^rd Cross, Ayyanna Shetty Layout, BSK 1^st Stage, Opp: Kavika Factory, Bengaluru-560026.

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…Petitioner

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(By Sri S.N.Sameer, Advocate)

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AND:

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R.Sowmya W/o N.Mohammed Gufran, D/o N.T.Rangesh, Aged about 28 years, R/o Garehatti, Near Railway Station, M.K.Hatti, Chitradurga City, Chitradurga District-577501.

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And also at: No.14, Swasti Gruha, 1^st Floor, 7^th A Main Road, 8^th Cross, Near Sharada Chandramouleshwara Temple,

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Srinidhi Layout, Anjanapura, J.P.Nagar, 8^th Phase, Konanakunte Post, Bengaluru-560062.

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…Respondent

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(By Sri B.M.Siddappa, Advocate)

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This Civil Petition is filed under Section 24 of CPC praying to pass order directing the transfer of M.C.No.136/2017 pending before the Hon’ble II Additional Civil Judge (Sr.Dn.) at Chitradurga to the I Additional Principal Judge, Family Court at Bengaluru in the ends of justice and equity.

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In CP No.269/2019

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BETWEEN:

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Smt. Sowmya R., D/o Rangesh, Aged about 27 years, Now R/at Garehatti, Behind Jayalakshmi Mill, Last Cross, Chitradurga - 577501. (By Sri B.M.Siddappa, Advocate)

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…Petitioner

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AND:

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Sri N.Mohammed Gufran, S/o Late Navab Saheb, Aged about 29 years, R/at No.55, 3^rd Cross, Ayyanna Shetty Layout, BSK 1^st Stage, Opp: Kavika Factory, Bengaluru-560026. (By Sri S.N.Sameer, Advocate)

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…Respondent

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This Civil Petition is filed under Section 24 of CPC praying to withdraw the M.C.No.3583/2017 from the file of the I Additional Principal Judge, Family Court at Bengaluru and transfer the same to the court at Senior Civil Judge at Chitradurga, by allowing this petition in the interest of justice and equity.

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These Civil Petitions coming on for admission this day, the Court made the following:

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ORDER

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These two petitions are disposed of by a common order.

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Heard Sri Sameer S.N and Sri

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B.M.Siddappa for the parties.

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C.P.127/2019 is filed by the husband seeking transfer of M.C.136/2017 from the Court of II Additional Civil Judge (Senior Division), Chitradurga, to the Family Court, Bengaluru. C.P.269/2019 is filed by the wife seeking transfer of M.C.3583/2017 from the Court of I Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, Chitradurga. The wife

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has applied for divorce and the husband has applied for restitution of conjugal rights.

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It is the case of the wife that she is residing with her parents in Chitradurga and therefore she finds it difficult to travel from Chitradurga to Bengaluru in connection with M.C.136/2017 filed by the husband against her. The husband states that his wife is residing in J.P.Nagar VIII Stage, Bengaluru and she is also employed in Bengaluru.

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The parties were referred to mediation for arriving at mutual settlement, but it failed.

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Sri Sameer S.N, learned counsel for the husband, submits that when summons was issued in M.C.3583/2017, it was not served at her Chitradurga address rather it was served on her Bengaluru address. Therefore it is his submission that the wife is very much residing in Bengaluru.

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On the other hand, Sri B.M.Siddappa submits that shara written by the process server on the summons is wrong because at the time when the process server came to her father’s house, she had come to Bengaluru for a few days and that the process server returned the summons with a false shara as if she is residing at Bengaluru. He further submits that wife has filed an affidavit stating that she is a permanent resident of Chitradurga.

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Sri Sameer S.N, learned counsel for the husband submits that if transfer is given to Chitradurga Court, the husband finds it very difficult to attend the Court there because earlier he practiced at Chitradurga as an advocate and he may feel embarrassed to face the court at Chitradurga and therefore both the cases may be transferred to some other convenient place in between Chitradurga and Bengaluru.

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Having regard to the above set of

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circumstances, I am of the opinion that both the cases may be transferred to the Court of Senior Civil Judge, Sira. Therefore, the following order :-

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(a) M.C.136/2017 pending on the file of II Additional Civil Judge (Senior Division), Chitradurga, is withdrawn and

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transferred to the Court of Senior Civil Judge, Sira and likewise M.C. 3583/2017 pending on the file of I Additional Principal Judge, Family Court, Bengaluru, is withdrawn and transferred to the Court of Senior Civil Judge, Sira.

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(b) The transferee Court at Sira shall decide both the cases together.

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(d) The husband shall also pay to the wife

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the litigation expenses to be fixed by the transferee Court.

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(e) The husband shall deposit advance amount of Rs.5,000/- in the transferee Court towards traveling expenses of the wife. On such deposit being made, the wife is permitted to withdraw it.

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Sd/JUDGE

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ckl/-

N. Mohammed Gufran v. R. Sowmya

Case brief

What is this about?

What did the court decide?

N. Mohammed Gufran v. R. Sowmya

Case brief

What is this about?

What did the court decide?

What the court decided

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