Allowed

Smt Shilpa @ Shivani v. Sri Nagaraj M K

Karnataka HC21 Aug 2023CP/113/2021

Case brief

AI extract

What is this about?

The High Court at Bengaluru, under Section 24 of CPC, allowed the petitioner's petition to transfer matrimonial proceedings from the Family Court, Bengaluru, to the Family Court at Davanagere. The transfer was ordered due to the wife's residence in Davanagere, her dependence on parents for livelihood, and the inconvenience of appearing in Bengaluru.

What did the court decide?

Proceedings in M.C.No.2722/2020 pending before Principal Judge, Family Court, Bengaluru, transferred to Family Court at Davanagere.

Smt Shilpa @ Shivani Vs Sri Nagaraj M K — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:29651 CP No. 113 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT CIVIL PETITION NO. 113 OF 2021

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BETWEEN:

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SMT. SHILPA @ SHIVANI W/O NAGARAJ M K, D/O RAJAPPA GIDANAR, AGED ABOUT 25 YEARS, HALARAHALLI GRAMA POST, HONNALI TALUK, DAVANAGERE DISTRICT 577217.

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…PETITIONER

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(BY SRI. M.R. HIREMATHAD, ADV.)

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AND:

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Digitally signed by CHAYA S A Location: High Court of Karnataka

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SRI NAGARAJ M K S/O KENCHAPPA M, AGED ABOUT 30 YEARS, R/O BEERALINGESHWRA BEEDI, KAGENAHALLI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT 577427.

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PRESENTLY R/AT QUARTER NO.101, NO-101, 4^TH BLOCK, JOGUPALYA, HALASURU, BENGALURU-560008.

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…RESPONDENT

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(RESPONDENT SERVED & UNREPESENTED)

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THIS PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW AND TRANSFER THE PETITION IN M.C.NO.2722/2020 PENDING BEFORE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE FILE OF FAMILY COURT AT DAVANAGERE AND PASS SUCH OTHER APPROPRIATE ORDER OR DIRECTION AS THIS COURT DEEMS FIT UNDER FACTS AND

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NC: 2023:KHC:29651 CP No. 113 of 2021

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CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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

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ORDER

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The petitioner/wife is before this Court under Section

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24 of CPC with a prayer to transfer the petition in M.C.No.2722/2020 pending on the file of the Principal Judge, Family Court, Bengaluru to the Family Court at Davanagere.

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Heard the learned counsel Sri.M.R.Hiremathad

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for petitioner/wife. Though the Court notice is served, there is no representation for respondent. Perused the Civil Petition records.

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Learned counsel for the petitioner/wife would submit that marriage of the petitioner and respondent was solemnized on 18.06.2018 and thereafter petitioner and respondent lived together till first week of February 2020.

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It is submitted that the respondent is working in Police Department at Bengaluru and the respondent failed to

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NC: 2023:KHC:29651 CP No. 113 of 2021

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bring the petitioner to Bengaluru. On the other hand, respondent filed petition in M.C.No.2722/2020 under Section 9 of the Hindu Marriage Act, 1955 (for short, ‘1955 Act’) seeking restitution of conjugal rights. Learned counsel would submit that petitioner is residing with her parents at Davanagere and it would be difficult for her to come to Bengaluru on every date of hearing to participate

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in the proceedings. It is also submitted that the petitioner/wife has no independent income of her own and she is depending on her parents for her livelihood.

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In a petition filed under Section 24 of CPC for

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transfer, more particularly, in matrimonial cases, the Court shall have to take note of the inconvenience or hardship that would be caused to the wife and also social and financial status of the parties. In the instant case, petitioner/wife is residing with her parents at Davanagere and it is stated that she has no income of her own and she is depending on her parents for her livelihood. Therefore, taking note of the above, I proceed to pass the following:

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NC: 2023:KHC:29651 CP No. 113 of 2021

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ORDER

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1. Civil Petition filed under Section 24 of CPC is allowed.

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1. The proceedings in M.C.No.2722/2020 pending on the file of the Principal Judge, Family Court at Bengaluru is directed to be transferred to the Family Court at Davanagere for further consideration in accordance with law.

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Sd/JUDGE

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NC CT:bms List No.: 1 Sl No.: 46

Smt Shilpa @ Shivani v. Sri Nagaraj M K

Case brief

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Smt Shilpa @ Shivani v. Sri Nagaraj M K

Case brief

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