Allowed

Miss Saniya Kounain v. Salman a

Karnataka HC18 Aug 2022CP/223/2022

Case brief

AI extract

What is this about?

Petitioner-wife filed a petition under Section 24 of CPC seeking transfer of a suit filed by the respondent for restitution of conjugal rights from Mysuru to Bangalore due to financial hardship and travel inconvenience. The court considered the petitioner's grounds for the transfer of the suit.

What did the court decide?

Transfer of OS No. 43 of 2022 from Principal Family Court, Mysore to competent Family Court, Bangalore.

Miss Saniya Kounain Vs Salman a — Matrimonial and Divorce | Karnataka HC (2022)

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CP No. 223 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 223 OF 2022

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BETWEEN:

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MISS. SANIYA KOUNAIN W/O SALMAN A AGED ABOUT 22 YEARS, R/AT NO.15, B STREET, 2^ND MAIN ROAD, J.J.R. NAGAR NEAR GOVERNMENT ELECTRIC FACTORY, BENGALURU -560028.

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…PETITIONER

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(BY SRI. RAMESH N J., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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SALMAN A S/O ATHAULLA AGED ABOUT 25 YEARS, R/AT NO.46, E.W.S. AND S.T.B. COLONY, UDAYAGIRI MYSORE CITY-570 019 KARNATAKA.

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…RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)

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THIS CIVIL PETITION IS FILED THE UNDER SEC.24 OF CPC, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ORDER TO WITHDRAW THE SUIT FILED IN O.S.NO.43 OF 2022 PENDING ON THE FILE OF THE PRINCIPAL FAMILY COURT AT MYSURU AND TRANSFER THE SAME TO THE FAMILY COURT AT BENGALURU FOR ITS DISPOSAL AND PASS SUCH OTHER ORDER OR ORDERS AS DEEMS FIT TO GRANT UNDER THE

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CP No. 223 of 2022

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CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This Civil Petition is filed by the petitioner-wife under Section-24 of the Code of Civil Procedure, seeking transfer of OS No.43 of 2022 on the file Principal Family Court, Mysuru to the competent Family Court at Bangalore.

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Heard the learned counsel appearing for the petitioner. Respondent is served but remained absent.

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It the grievance of the petitioner that she has financial difficulty to meet the legal expenses for engaging the counsel at Mysuru as well as attending the proceedings regularly and also find difficulty in traveling to Bangalore from Mysuru. Accordingly, she sought for transfer of OS No.43 of 2022 filed by the respondent, seeking relief of restitution of conjugal rights to competent Family Court at Bangalore. Accordingly, she prays to allow the petition.

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CP No. 223 of 2022

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Taking into consideration the reasons assigned in the petition and the hardship that may be caused to the

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petitioner, I am of the view that the OS No.43 of 2022 pending consideration before the Principal Family Court, Mysore be transferred to competent Family Court, Bangalore. Accordingly, the Civil Petition is allowed .

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Sd/JUDGE

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SB List No.: 1 Sl No.: 28

Miss Saniya Kounain v. Salman a

Case brief

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Miss Saniya Kounain v. Salman a

Case brief

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What did the court decide?

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