Allowed

Smt Nischitha C B v. Sri Arun Palya Jayaramu

Karnataka HC1 Mar 2023CP/19/2022

Case brief

AI extract

What is this about?

Court allowed a civil petition seeking transfer of a restitution of conjugal rights proceeding from the Family Court, Bengaluru, to the Family Court, Mysuru, due to the petitioner's proximity of other cases and the presence of a minor child.

What did the court decide?

Matrimonial proceedings in MC.No.4787/2021 ordered to be transferred to I Additional Principal Judge, Family Court, Mysuru.

Smt Nischitha C B Vs Sri Arun Palya Jayaramu — Matrimonial and Divorce | Karnataka HC (2023)

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CP No. 19 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO. 19 OF 2022

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BETWEEN:

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SMT.NISCHITHA C.B. W/O.SRI ARUN PALYA JAYARAM AGED ABOUT 31 YEARS R/AT NO.722, JANAKI KRUPA 13^TH CROSS, ANIKETHANA ROAD KUVEMPUNAGARA MYSURU-570 023

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…PETITIONER

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(BY SRI PALLAVA R. AND SRI ARUNA T.H., ADVOCATES)

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AND:

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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SRI ARUN PALYA JAYARAMU S/O.P.R.JAYARAM AGED ABOUT 35 YEARS R/AT NO.45, “PRAKRUTHI” 24^TH MAIN ROAD GARDEN LAYOUT HSR LAYOUT, 2^ND SECTOR BENGALURU SOUTH BENGALURU-560 102

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(BY SRI SUDHINDRA BHAT, ADVOCATE)

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…RESPONDENT

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THIS CIVIL PETITION IS FILED UNDER SECTION 24(1) (b)(ii) OF THE CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW M.C.NO.4787/2021 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND TRANSFER THE SAME TO THE COURT OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU TO TRY AND DISPOSE THE SAME IN ACCORDANCE WITH LAW & ETC.

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CP No. 19 of 2022

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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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This petition is preferred by the wife seeking transfer of matrimonial proceedings filed by the respondent-husband in MC.No.4787/2021 for restitution of conjugal rights pending on the file of Principal Judge, Family Court at Bengaluru to I Additional Principal Judge, Family Court at Mysuru.

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Heard learned counsel for petitioner, who is present before the Court and learned counsel for respondent, who is present through Video Conferencing.

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It is the contention of learned counsel for petitioner that the wife has preferred a petition seeking divorce in M.C.No.854/2021 pending before the Principal Judge, Family Court at Mysuru and also another petition in Crl.Misc.No.750/2022 before the Court at Mysuru. It is the further contention of learned counsel for petitioner that the petition preferred by the husband is at Bengaluru, which is at about 150 kms. from Mysuru. He further contends that since

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the petitioner is having a minor child, it would cause difficulty and hardship for her to travel from Mysuru to Bengaluru. She

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CP No. 19 of 2022

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would also incur huge expenditure on her stay, accommodation and food, to appear for the Court proceedings at Bengaluru. Hence, she seeks to transfer the petition filed by the husband before the Family Court at Bengaluru to the Family Court at Mysuru.

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Since two petitions filed by the wife are pending before the Family Court at Mysuru, I do not find any legal impediment to transfer the case pending before the Family Court at Bengaluru in MC.No.4787/2021 to the Family Court at Mysuru for adjudication. It is also apparently seen that less amount of hardship would be caused to the respondent-husband in traveling to Mysuru to attend the aforesaid cases rather than the wife attending the case at Bengaluru preferred by the respondent-husband. Accordingly, I proceed to pass the following:

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ORDER

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i) Petition is allowed;

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ii) The matrimonial proceedings in MC.No.4787/2021 filed under Section 9 of the Hindu Marriage Act, 1955 pending on the file of the Principal Judge,

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CP No. 19 of 2022

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Family Court at Bengaluru, is ordered to be transferred to I Additional Principal Judge, Family Court at Mysuru and the same to be tried along with M.C.No.854/2021 and Crl.Misc.No.750/2022, which are preferred by the wife pending before the Court at Mysuru.

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In view of disposal of the petition, pending interlocutory application does not survive for consideration and the same stands consigned to record.

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SdJUDGE

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List No.: 1 Sl No.: 40

Smt Nischitha C B v. Sri Arun Palya Jayaramu

Case brief

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Smt Nischitha C B v. Sri Arun Palya Jayaramu

Case brief

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