Allowed

Smt.Sahana Sindhe v. Sri M L Rakesh Rao Beese

Karnataka HC10 Jan 2023CP/111/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a civil petition under Section 24 CPC, allowed the transfer of divorce proceedings from Senior Civil Judge, Harihara, to Senior Civil Judge, Channagiri. The court found that transferring the case would cause less hardship to the petitioner-wife residing in Channagiri compared to the respondent residing in Honnali.

What did the court decide?

The Civil Petition was allowed. The matrimonial proceedings in MC No.15 of 2020 pending before the Senior Civil Judge and JMFC, Harihara were directed to be transferred to the Court of Senior Civil Ju

Smt.Sahana Sindhe Vs Sri M L Rakesh Rao Beese — Matrimonial and Divorce | Karnataka HC (2023)

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CP NO.111 OF 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO.111 OF 2021

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BETWEEN:

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SMT. SAHANA SINDHE W/O M.L. RAKESH RAO BEESE AGED ABOUT 28 YEARS NOW R/AT KATHALAKERE VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 217.

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…PETITIONER

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(BY SRI. NARENDRA BABU H.L., ADVOCATE FOR SRI. SIDDAMALLAPPA P.M., ADVOCATE)

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AND:

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SRI. M.L. RAKESH RAO BEESE S/O. M.B.LAKSHMAN RAO BEESE AGED ABOUT 32 YEARS AGRICULTURIST, R/AT MARIGONDAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT - 577 217.

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…RESPONDENT

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(BY SRI. S.B. HALLI, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING THIS HONBLE COURT TO WITHDRAW THE FILE IN MC NO.15 OF 2020 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHARA AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI AND TO PASS SUITABLE ORDER DIRECTING THE COURT TO CONSIDER THE MATTER AND TO PASS ORDER ADJUDICATING THE MATTER ON MERITS IN ACCORDANCE WITH LAW.

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CP NO.111 OF 2021

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THIS 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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This Civil Petition is filed by the petitioner-wife seeking transfer of matrimonial proceedings in MC No.15 of 2020 filed by the respondent-husband before the Senior Civil Judge and JMFC, Harihara for divorce under Section 13 of the Hindu Marriage Act to the Court of Senior Civil Judge and JMFC, Channagiri.

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Heard Sri. Narendra Babu H.L., learned counsel on behalf of Sri. Siddamallappa P.M., appearing for the petitioner and Sri. S.B. Halli, learned counsel appearing for the respondent.

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Sri. Narendra Babu H.L., learned counsel appearing

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for the petitioner-wife contends that the petitioner-wife is having two minor children and she has no source of income, which makes it very difficult for her to travel 65 kms from Kathalagere Village, Channagiri Taluk to Harihara to attend the Court proceedings, so also, she would incur enormous amount of expenditure for travel, stay and accommodation. He further contends that as of now, no maintenance is awarded by the Court, therefore, there is inconvenience and hardship that

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CP NO.111 OF 2021

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would be caused to the petitioner-wife if she has to travel to Harihara leaving two minor children at home to attend the Court proceedings.

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Sri. S.B. Halli, learned counsel appearing for the respondent-husband contends that the divorce petition preferred by the respondent-husband before the Senior Civil Judge and JMFC., Harihara holds sitting at Honnali for three days in a week and the petitioner-wife is residing at Kathalagere Village, Channagiri Taluk would be closer to Honnali and therefore, there would be no impediment for the petitioner-wife to travel from Kathalagere to Honnali to attend the Court proceedings. Hence, he seeks for dismissal of the petition.

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Having heard the learned counsel appearing for the parties and considering the averments made in the writ petition, it is seen that the respondent-husband is a resident of Honnali Taluk, so also the distance between Channagiri and Harihara is more than 65 kms and from Honnali to Channagiri, it is 47 kms as stated across at the bar by the learned counsel appearing for both the parties. Accordingly, I do not find any impediment for the respondent-husband to travel 47 kms to

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CP NO.111 OF 2021

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attend the Court proceedings at Channagiri, if the matter is transferred for adjudication before the Senior Civil Judge and JMFC., Channagiri, which would cause less amount of hardship and inconvenience to the petitioner-wife than the respondenthusband, as the petitioner-wife is residing at Kathalagere Village, Channagiri Taluk and maintaining two minor children. Hence, I deem it appropriate to allow this petition and transfer the matrimonial proceedings pending before the Senior Civil Judge and JMFC., Harihara to the learned Senior Civil Judge and JMFC., Channagiri. Accordingly, I pass the following:

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O R D E R

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i) Civil Petition allowed;

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ii) The Matrimonial Proceedings in MC No.15 of 2020 pending on the file of the Senior Civil Judge and JMFC, Harihara is hereby directed to be transferred to the Court of Senior Civil Judge and JMFC, Channagiri for adjudication in accordance with law.

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ARK

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SD/JUDGE

Smt.Sahana Sindhe v. Sri M L Rakesh Rao Beese

Case brief

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What did the court decide?

Smt.Sahana Sindhe v. Sri M L Rakesh Rao Beese

Case brief

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