Allowed

Sri Prashanth v. Smt Kavya

Karnataka HC24 Nov 2022CP/250/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil petition under Section 24 CPC for the transfer of a maintenance case (filed as divorce suit) from Hirekerur to Bengaluru. The transfer was granted due to the employment locations of both parties, with the petitioner directed to bear hearing costs.

What did the court decide?

M.C. No.5/2022 transferred to Family Court Bengaluru; petitioner to pay Rs.2,000/- per hearing to respondent.

Sri Prashanth Vs Smt Kavya — Matrimonial and Divorce | Karnataka HC (2022)

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CP No. 250 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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CIVIL PETITION NO. 250 OF 2022

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BETWEEN:

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SRI PRASHANTH

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S/O. SRI CHANDRASHEKAR SUNAGAR AGED ABOUT 35 YEARS R/A NO.202, GROUND FLOOR GRAPE VIEW CASTLE APARTMENT I MAIN, I CROSS, MUTHYALA NAGARA BANGALORE - 560 013.

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…PETITIONER

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(BY SRI MAHESH KIRAN SHETTY S., ADVOCATE)

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AND:

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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SMT. KAVYA W/O. SRI PRASHANTH SUNAGAR AGED ABOUT 27 YEARS R/AT MASUR VILLAGE RATTIHALLI TALUK, HAVERI DISTRICT - 581 110.

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…RESPONDENT

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(BY SRI ASHOK MESTA, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC., PRAYING TO PASS AN ORDER FOR TRANSFER OF M.C. NO.05/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC., AT HIREKERURU FILED BY THE RESPONDENT TO THE FAMILY COURT AT BENGALURU OR ANY OTHER COURTS WITHIN THE JURISDICTION OF BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CIVIL PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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CP No. 250 of 2022

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ORDER

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Petitioner is the husband and respondent is the wife. Respondent/wife has filed MC No.5/2022 on the file of the Senior Civil Judge and JMFC, Hirekerur for divorce. The petitioner/husband has filed the instant petition with a prayer to transfer the same from Hirekerur to Family Court, Bengaluru.

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The reason assigned for transfer of MC No.5/2022 is that the petitioner/husband is working in Bengaluru and the respondent/wife is also working in Bengaluru and it would be convenient for both of them, if the matter were to be transferred to Bengaluru.

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Learned counsel for the respondent/wife submits that she is in a part time job in Bengaluru and she is not required to be present in Bengaluru on all days and she would come to Bengaluru, if the work is scheduled and coming to Bengaluru for the sake of the case will force her to incur expenditure which she is not in a position to bear. However, he fairly submits that if she were to be paid a sum of Rs.2,000/-

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CP No. 250 of 2022

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(Rupees Two Thousand only) on every date of hearing till disposal of M.C. petition, she is willing to agree for the transfer.

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Learned counsel for the petitioner submits that the petitioner is willing to bear the said expenses. Hence, the following:

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ORDER

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(i) The petition is hereby allowed.

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(ii) M.C. No.5/2022 pending on the file of the Senior Civil Judge and JMFC, Hirekerur, is directed to be transferred to the jurisdictional Family Court at Bengaluru.

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(iii) The petitioner/husband shall pay the respondent/wife a sum of Rs.2,000/- (Rupees Two Thousand only) on every date of hearing till the disposal of M.C. petition.

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(iv) In view of disposal of the petition, I.As., if any, do not survive for consideration and they stand disposed of

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accordingly.

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SD/JUDGE

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hkh.

Sri Prashanth v. Smt Kavya

Case brief

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Sri Prashanth v. Smt Kavya

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