Allowed

Smt K Indumathi v. Sri J Kashyap

Karnataka HC7 Feb 2023CP/156/2022

Case brief

AI extract

What is this about?

This is a civil petition seeking transfer of matrimonial proceedings from the Court at Kollegal to the Family Court at Bengaluru. The petitioner, residing in Bengaluru with her parents and facing safety concerns, argued that transferring the case is difficult for her husband. The court considered the hardships faced by both parties.

What did the court decide?

The matrimonial proceedings in MC No. 16/2021 are ordered to be transferred to the 2nd Addl. Principal Judge, Family Court at Bengaluru.

Smt K Indumathi Vs Sri J Kashyap — Matrimonial and Divorce | Karnataka HC (2023)

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CP No. 156 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF FEBRUARY, 2023 BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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CIVIL PETITION NO. 156 OF 2022

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BETWEEN:

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SMT K. INDUMATHI W/O SRI J. KASHYAP D/O SRI K. MEHARKUMAR AGED ABOUT 28 YEARS RESIDING AT NO.1435 KOTHUR MAIN ROAD, VIJANAPURA ANGALORE – 560016

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…PETITIONER

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(BY SRI. MUNI REDDY M.N., ADVOCATE)

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AND:

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SRI J. KASHYAP S/O SRI K.N. JAYAKUMAR AGED ABOUT 32 YEARS, RAJATH ENTERPRISES AND JAI SAI ENTERPRISES KOLLEGAL - 571440 CHAMARAJANAGAR DISTRICT

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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…RESPONDENT (BY SRI. SUNIL P.P., ADVOCATE) ***

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THIS CIVIL PETITION IS FILED UNDER SECTION 24(1) (b) (ii) OF CIVIL PROCEDURE CODE, (a) TRANSFER M.C.NO. 16/2021 PENDING ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT KOLLEGAL TO THE FILE OF II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND ETC.,

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

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CP No. 156 of 2022

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ORDER

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Heard learned counsel for petitioner and learned counsel for respondent..

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This petition is preferred by the petitioner - wife seeking transfer of matrimonial proceedings in MC.No.16/2021 pending on the file of the Senior Civil Judge and JMFC at Kollegal to the Court of 2^nd Addl. Principal Judge, Family Court, Bengaluru.

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The case of the petitioner is that she got married to the respondent on 11.10.2019 at Vasavi Mahal, Paramahamsa Road, Kollegal, Chamarajanagar District. After the marriage they were residing at Kollegala. There are two sons born from the said marriage. During the stay of the petitioner with the respondent, his parents and brother tortured the petitioner physically and mentally demanding her to bring dowry.

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It is the case of the petitioner that there were several bouts of quarrels between them and even forceful abortion during May 2020. She came back to her parents house but respondent did not show any interest in taking back the

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CP No. 156 of 2022

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petitioner to matrimonial home. She contends that there were several panchayaths and petitioner started staying with her husband. On 12.11.2021 the respondent and his family members thrown her out of the matrimonial house and presently she is residing with her parents.

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In the back ground of all these events in the family, initially, the respondent filed a petition under Section 13(1)(ia)(iii) of the Hindu Marriage Act for a decree of divorce before the Court of Senior Civil Judge & JMFC at Kollegal in MC No.16/2021.

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It is the case of the petitioner that when she has no other alternative accommodation in Kollegala she has taken shelter under her parents at Bengaluru and staying with them. Since the petitioner is residing presently at Bengaluru, it would be difficult for her to travel from Bengaluru to Kollegalla to attend the proceedings in the Family Court, which would involve lot of costs for stay, accommodation and food and the distance between two places is approximately, 140 kms. Besides, the respondent and his family members are influential persons in Kollegala and they have men and material at their

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CP No. 156 of 2022

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disposal, even she is having life threat if she wants to go to Kollegala and attend the proceedings.

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In view of this, learned counsel for petitioner

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contends that if the matter is transferred to Bengaluru, where the petitioner is residing, it will be easy for her to attend to the case and she would not have to incur much expenditure.

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Per contra , learned counsel for respondent vehemently contends that the respondent-husband is a businessmen by profession. The respondent is actively involved in the family business. After the marriage they started living in the house of respondent at Kollegala along with his family members. He further contends that he is having heavy responsibility upon his shoulder and since he is the youngest son his parents are solely depending upon him. Even the petitioner on 31.03.2021 has filed a complaint against the respondent before the Women Police Station at Chamarajanagara. He is ready and willing to accept his wife – petitioner and their children and to lead a happy life. Hence, he filed the petition for restitution of conjugal rights. In view of the above he is not in a position to travel all the way to

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CP No. 156 of 2022

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Bengaluru to attend the proceedings. On these grounds he

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seeks to dismiss the present petition filed by the petitioner.

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Be that as it may, the facts remains that this petition is filed seeking transfer of petition and this Court will have to see the difficulties that would be faced by either of the parties in the matter being transferred from one location to another. The petitioner being the wife and unemployed, having two minor children and residing in her parents house, she will be put to more difficulty than the respondent, if she has to travel from Bengaluru to Kollegala. It is to be noted that the distance between Bengaluru and Kollegala is about 140 kms. On the contrary, the hardship and inconvenience is much lesser to the respondent if he travels from Kollegala to Bengaluru to attend the proceedings.

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Under these circumstances, I am of the opinion that the petition deserves to the allowed. Accordingly, I pass the following:

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CP No. 156 of 2022

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ORDER

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i) Petition is allowed;

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ii) The matrimonial proceedings in MC.No.16/2021 pending on the file of the Court of Senior Civil Judge & JMFC at Kollegal is ordered to be transferred to the 2^nd Addl. Principal Judge, Family Court at Bengaluru.

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SdJUDGE

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VK List No.: 1 Sl No.: 34

Smt K Indumathi v. Sri J Kashyap

Case brief

What is this about?

What did the court decide?

Smt K Indumathi v. Sri J Kashyap

Case brief

What is this about?

What did the court decide?

What the court decided

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