Allowed

Smt Vijayalakshmi v. Sri Prakash S B

Karnataka HC6 Jun 2022CP/37/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil petition filed by the wife seeking transfer of dissolution of marriage proceedings from Chitradurga to Davanagere. The grant was based on the petitioner's residence in Davanagere and the respondent's in Bengaluru, rendering Chitradurga inappropriate.

What did the court decide?

Civil petition allowed and suit M.C.No.117/2021 transferred to Principal Family Judge, Davanagere.

Smt Vijayalakshmi Vs Sri Prakash S B — 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 6^TH DAY OF JUNE 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.37 OF 2022

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BETWEEN:

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SMT VIJAYALAKSHMI W/O PRAKASH S B AGED ABOUT 32 YEARS D/O JAYAPPA K R (RETIRED HEAD MASTER) R/AT 5^TH CROSS NAGANUR ROAD SHAMANURU DAVANAGERE-577 002 ... PETITIONER

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(BY SRI.CHETAN DESAI, ADV.)

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AND:

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SRI PRAKASH S. B. S/O BASAVARAJ S. C. AGED ABOUT 36 YEARS WORKING ON CONTRACT BASIS IN HEALTH DEPARTMENT R/AT SHRUSHTI BUILDING NEAR PETROL BUNK HOLALKERE ROAD CHITRADURGA-577 522 ... RESPONDENT

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(BY SRI.NANDISH PATIL, ADV.)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO A) WITHDRAW THE ENTIRE PROCEEDINGS IN M.C.NO.

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117/2021, PENDING ON THE FILE OF HON'BLE II ADDL. SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA AND TO TRANSFER THE SAME TO THE PRINCIPAL FAMILY JUDGE AT DAVANAGERE AND ETC.

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

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O R D E R

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The petitioner is the wife and the respondent is the husband. Petitioner is a resident of Davanagere and it is submitted that respondent is presently working in Bengaluru. Both are Hindus. Respondent has filed a petition for dissolution of marriage by way of M.C.No.117/2021 pending on the file of the II Additional Senior Civil Judge, Chitradurga. The instant petition is filed by the petitioner seeking to have the same transferred to the Principal Family Judge at Davanagere.

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Admittedly, the petitioner being a lady is a resident of Davanagere and respondent is presently residing in Bengaluru and neither of the parties reside in Chitradurga. Under the circumstances, it is deemed appropriate to have the case transfer to the Family Court at Davanagere. Hence, the following:-

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ORDER

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(i) The Civil petition is hereby allowed .

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(ii) M.C.No.117/2021 pending on the file of II

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Additional Senior Civil Judge, Chitradurga is transferred to the Principal Family Judge, at Davanagere.

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(iii) Parties to appear before Principal Civil Judge, Davangere on 10.08.2022 without further notice.

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Sd/JUDGE

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MH/-

Smt Vijayalakshmi v. Sri Prakash S B

Case brief

What is this about?

What did the court decide?

Smt Vijayalakshmi v. Sri Prakash S B

Case brief

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What did the court decide?

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