Allowed

Smt Chandana C S v. Sri Chandan M S

Karnataka HC8 Nov 2022CP/304/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a transfer petition under Section 24 CPC. The petitioner requested transfer of the respondent's pending suit for nullity of marriage from Mysuru to Mandya to avoid travel hardships. The Court observed that the petitioner is a resident of Mandya, while the respondent works in Mysuru, and noted the omission of any contrary submission regarding the petitioner's res

What did the court decide?

Transfer of M.C.No.234/2022 from the IV Additional Principal Judge, Family Court, Mysuru, to the jurisdictional Principal Civil Judge (Sr. Div) & CJM, Mandya.

Smt Chandana C S Vs Sri Chandan M S — Matrimonial and Divorce | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^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.304 OF 2022

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BETWEEN:

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SMT CHANDANA C.S W/O CHANDAN M.S D/O LATE SHIVALINGAIAH AGED ABOUT 26 YEARS, R/AT A. HULIKERE VILLAGE KOTHATHI HOBLI MANDYA TALUK AND DIST 571402.

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... PETITIONER

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(BY SRI. ROSHAN M.C., ADVOCATE)

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AND:

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SRI CHANDAN M.S S/O LATE SATISH M.S AGED ABOUT 30 YEARS, R/AT NO 994/A 30^TH CROSS 4^TH MAIN, VIDYARANYAPURAM MYSURU 570008 ... RESPONDENT (BY SRI VASANTH KUMAR H.T., ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER M.C.NO.234/2022 FILED BY THE RESPONDENT AGAINST THE PETITIONER WHICH IS PENDING IN THE HONBLE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU TO HONBLE PRL. CIVIL JUDGE (SR.DIV) AND CJM AT MANDYA AND ALLOW THIS PETITION WITH COST AND

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GRANT SUCH OTHER RELIEFS AS THIS HONB'LE COURT DEEMS FIT, 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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O R D E R

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Petitioner is the wife and respondent is the husband. Respondent has filed M.C.No.234/2022 before the IV Additional Principal Judge, Family Court, Mysuru against the petitioner herein with a prayer for a decree of nullity of marriage. The respondent therein has preferred this petition with a prayer to transfer M.C.No.234/2022 pending on the file of the IV Additional Principal Judge Family Court, Mysuru to the Principal Civil Judge (Sr. Div) & CJM, Mandya. The same has been filed on the ground that she is a lady and a resident of A.Hulikere Village, Kothathi Hobli, Mandya Taluk and District and she finds it difficult to travel to Mysuru to attend the case.

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The respondent has filed his objections to the petition and contends that the petitioner is a resident of Mysuru and is working in Mysuru and for the said reason, the petition deserves to be dismissed.

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Learned counsel for the petitioner has produced copy of the Aadhaar Card of the petitioner which shows that her address to be Kothathi, Mandya District. The same is not disputed by the respondent. Further, the respondent himself in M.C.No.234/2022 mentions the address of the petitioner herein as A.Hulikere Village, Kothathi Hobli, Mandya Taluk and District. Respondent is not in a position to give reasons as to the hardships that would be caused to him if the case were to be transferred from Mysuru to Mandya.

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On the contrary, the petitioner, who is a resident of Mandya, is a lady. Under the given facts and circumstances of the case, it has to be concluded that hardship would be caused to her to travel to Mysuru.

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For the aforementioned reasons, the petition is hereby allowed and M.C.No.234/2022 on the file of the IV Additional Principal Judge, Family Court, Mysuru is hereby transferred to the jurisdictional Court at Mandya.

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In view of disposal of the main petition, interlocutory applications, if any do not survive for consideration and the same are hereby disposed of.

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SD/JUDGE

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VMB

Smt Chandana C S v. Sri Chandan M S

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Smt Chandana C S v. Sri Chandan M S

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