Allowed

Smt N Vedha v. Sri v Nagesh

Karnataka HC3 Mar 2022CP/32/2022

Case brief

AI extract

What is this about?

The Court allowed the Civil Petition filed under Section 24 of CPC. The divorce proceeding M.C.No.87/2017 filed in Family Court, Kolar was ordered to be transferred to Family Court, Bengaluru considering the inconvenience faced by the petitioner residing in Bengaluru while the respondent could attend hearings there.

What did the court decide?

Civil Petition No.32 of 2022 allowed; M.C.No.87/2017 transferred from Family Court, Kolar to Family Court, Bengaluru for disposal.

Smt N Vedha Vs Sri v Nagesh — Matrimonial and Divorce | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD 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.32 OF 2022

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BETWEEN:

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Smt. N.Vedha, Aged about 32 years, D/o. V.Nagesh, Residing at No.10, 19^th ‘F’ Cross, Kagadasapura, C.V.Raman Nagara, Bengaluru-560093.

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Address as per petition 19^th ‘F’ Cross, Kaggadasapura, C.V.Raman Nagar, Bengaluru-560093.

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…Petitioner

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(By Samarth Prakash, Advocate)

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AND:

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Sri V.Nagesh, Aged about 40 years, S/o Late Venkateshappa, Residing at 164, Keelukote, Kasaba Hobli, Kolar-563101.

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…Respondent

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(Respondent - served)

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This Civil Petition is filed under Section 24 of CPC, praying to transfer the case in M.C.No.87/2017 on the file of the Principal Judge, Family Court, Kolar to Family Court, Bengaluru in the interest of equity and justice.

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This Civil Petition coming on for admission this day, the Court made the following:

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ORDER

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Heard Sri Samarth Prakash, learned counsel for the petitioner. The respondent is served with notice of this petition, but he has not entered appearance either personally or though a counsel.

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In this petition under Section 24 of C.P.C., the petitioner has sought transfer of divorce proceeding in M.C.No.87/2017 on the file of the Principal Judge, Family Court, Kolar to Family Court, Bengaluru.

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The petition discloses that the marriage between the petitioner and the respondent was solemnized on 04.05.2014 at Bengaluru. In their wedlock a female child, N.Dhruvika, was born on 31.08.2015. Because of some differences between the husband and wife, the respondent filed a divorce petition in M.C.No.65/2016 at Kolar and that it was settled between the parties amicably as

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the respondent agreed to take back the petitioner to matrimonial home. The respondent did not take her back as promised and instead, instituted divorce proceeding again by filing M.C.No.87/2017 in the Family Court at Kolar.

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The petitioner also initiated action against the respondent for maintenance under the provisions of Protection of Women from Domestic Violence Act, 2005, by filing Crl.Misc.No.224/2017 before the Metropolitan Magistrate Traffic Court-1 (MMTC-1), Bengaluru. In the said proceedings, the respondent entered appearance and he is attending the said case now.

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It is stated that the petitioner and her child are residing in her parental house and that she finds it very difficult to undertake travel to Kolar on every date of hearing in connection with M.C.No.87/2017. Therefore she has sought

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transfer of the said case to the Family Court, Bengaluru.

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As the circumstances indicate the

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petitioner is living in her parents’ house with her child and that the respondent has already entered appearance in Crl.Misc.No.224/2017 before MMTC1, Bengaluru, filed by the petitioner against him claiming maintenance under Protection of Women from Domestic Violence Act, 2005. In this view, the respondent does not find it difficult to attend the Family Court at Bengaluru, if the divorce petition pending on the file of the Principal Judge, Family Court, Kolar, is transferred to the Family Court, Bengaluru. Therefore the following:

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ORDER

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Petition is allowed.

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M.C.No.87/2017 pending on the file of the Principal Judge, Family Court, Kolar is ordered to be transferred to

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Family Court, Bengaluru for disposal in accordance with law.

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All the records in M.C.No.87/2017 shall be transmitted to the Family Court, Bengaluru, immediately.

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Sd/JUDGE

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Kmv/-

Smt N Vedha v. Sri v Nagesh

Case brief

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Smt N Vedha v. Sri v Nagesh

Case brief

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