Civil Petition to transfer Family Court proceedings from Dharwad to Bengaluru dismissed. Court held no material hardship existed as respondent resides at Dharwad. Petition rejected.
No transfer order; original proceedings in Dharwad Family Court continue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST 2022
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
CIVIL PETITION NO.149 OF 2022
BETWEEN:
MR. AVINASH KUMAR C., S/O MR. CHALUVAIAH A., AGED ABOUT 33 YEARS, PRESENTLY R/O NO.34, SHREE YOGA, 9TH MAIN, ADITHYA NAGAR, VIDYARANYAPURA, BANGALORE - 560 097.
...PETITIONER
(BY SRI. H. RAMESH, ADVOCATE)
AND:
MRS. AKHILA SARDESHPANDE, W/O MR. AVINASH KUMAR C., D/O GURUNATH SARDESHPANDE, AGED ABOUT 30 YEARS, PRESENTLY R/O NO.377, 7TH CROSS, NISARGA LAYOUT, HANUMANT NAGAR ROAD, DHARWAD - 580 003, KARNATAKA.
…RESPONDENT
(BY SMT. NITYA KALYANI P., ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING THIS HONBLE COURT TO TRANSFER THE PROCEEDINGS IN THE M.C.NO.62/2022 PENDING BEFORE THE HON'BLE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD AND TO THE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU, BY ALLOWING THIS PETITION 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
Heard the learned counsel appearing for the petitioner.
Sd/JUDGE
GRD
2 issues framed by the court
Whether the Civil Petition filed under Section 24 CPC for transfer of Family Court proceedings warrants allowance considering the residence of the parties.
Whether specified hardship justifies the transfer of M.C.No.62/2022 from Dharwad to Bengaluru Family Court.
1 provisions across 1 enactments
Mr. Avinash Kumar C.
Mrs. Akhila Sardeshpande
E.S. Indires
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
