Allowed

Smt. Dhanalakshmi v. Sri. Kumar. B

Karnataka HC11 Jan 2023CP/187/2022

Case brief

AI extract

What is this about?

The petitioner wife, facing hardship due to distance from her domestic violence case in Hassan and financial constraints, sought transfer of the respondent husband's restitution of conjugal rights petition pending in Bengaluru. The court noted the petitioner's difficulty traveling alone with a minor child and the respondent's lesser hardship moving to Hassan, permitting the transfer.

What did the court decide?

The matrimonial proceedings in MC.No.5817/2021 pending in Bengaluru are transferred to the Family Court at Hassan.

Smt. Dhanalakshmi Vs Sri. Kumar. B — Succession and Inheritance | Karnataka HC (2023)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF JANUARY, 2023 BEFORE

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THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR

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CIVIL PETITION NO.187 OF 2022

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BETWEEN:

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SMT.DHANALAKSHMI D/O.THAMMANNA GOWDA W/O.KUMAR B. AGED ABOUT 32 YEARS

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PRESENTLY RESIDING AT S.BANDIHALLI VILLAGE SHANTHIGRAMA POST DUDDA HOBLI HASSAN TALUK & DISTRICT – 573 220

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... PETITIONER

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(BY SRI MOHAN KUMAR B.M., ADVOCATE)

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AND:

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SRI KUMAR B. S/O.BORALINGAIAH AGED ABOUT 37 YEARS R/AT NO.868, 9^TH CROSS 11^TH MAIN ROAD GNANABHARATHI LAYOUT KENGERI BENGALURU – 560 059 ... RESPONDENT (BY SRI DEVARAJU R.,ADVOCATE) ---

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE M.C.NO.5817/2021 PENDING ON THE

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FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE COURT AT HASSAN HAVING JURISDICTION TO TRY THE MATTER & ETC.

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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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This petition is preferred by the wife seeking transfer of matrimonial proceedings filed by the respondent-husband in MC.No.5817/2021 for restitution of conjugal rights pending on the file of Principal Judge, Family Court at Bengaluru to the Family Court at Hassan.

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It is the contention of learned counsel for petitioner that the wife has preferred a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in C.Mis.No.999/2019 pending on the file of II Additional Civil Judge (Jr.Dn.) and JMFC, at Hassan. It is the further contention of learned counsel for petitioner that the petition preferred by the husband is at Bengaluru, which is at about 160 kms. from Hassan. He further contends that since the petitioner is

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having a minor child and not having any source of income, she has to depend on her parents and she would also incur huge expenditure on her stay, accommodation and food, to appear for the Court proceedings at Bengaluru. Therefore, it would cause difficulty and hardship to the wife to travel from Hassan to Bengaluru. Hence, she seeks to transfer the petition filed by the husband before the Family Court at Bengaluru to the Family Court at Hassan.

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Since the petition filed by the wife under

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Section 12 the Protection of Women from Domestic Violence Act, 2005 is pending before II Additional Civil Judge (Jr.Dn.) and JMFC at Hassan, I do not find any legal impediment to transfer the case pending before the Family Court at Bengaluru in MC.No.5817/2021 to the Family Court at Hassan for adjudication. It is also apparently seen that less amount of hardship would be caused to the respondent-husband in traveling to Hassan to attend the aforesaid cases rather than the wife along with a minor child attending the case at Bengaluru preferred by the respondent-husband seeking

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restitution of conjugal rights. Accordingly, I proceed to pass the following:

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ORDER

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i) The petition is allowed; ii) The matrimonial proceedings in MC.No.5817/2021 filed by the respondenthusband under Section 9 of the Hindu Marriage Act, 1955 pending on the file of Principal Judge, Family Court at Bengaluru is ordered to be transferred to the Family Court at Hassan.

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Sd/JUDGE

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Smt. Dhanalakshmi v. Sri. Kumar. B

Case brief

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Smt. Dhanalakshmi v. Sri. Kumar. B

Case brief

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