Allowed

Smt Ambika W/O Late Dathu v. Hemanth S/O Sabanna Emanore

Karnataka HC18 Jul 2023CP/200014/2021

Case brief

AI extract

What is this about?

CRC bench allowed a civil petition filed by a wife to transfer her husband's maintenance petition from Family Court, Bangalore to Senior Civil Judge, Yadgiri. Notice was deemed sufficient, and transfer was ordered due to her residence and local criminal cases.

What did the court decide?

The maintenance petition M.C. No. 554/2019 pending with the Principal Judge, Family Court, Bangalore, is withdrawn and transferred to the Senior Civil Judge, Yadgiri.

Smt Ambika W/O Late Dathu Vs Hemanth S/O… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC-K:5450 CP No. 200014 of 2021

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 18^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

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CIVIL PETITION NO. 200014 OF 2021 (RES)

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BETWEEN:

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SMT AMBIKA W/O LATE DATHU AGE: 21 YEARS, OCC: HOUSEHOLD, R/O H.NO.25, ANNADANNAPA LINE, K.R.SHETTY PET, CUBBAN PET BANGALORE-560002 NOW AT C/O SHOBA ALIAS SABAMMA CHINTAGUNTA, HONAGERA VILLAGE, TQ. & DIST. YADGIRI.

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…PETITIONER

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(BY SRI GANESH NAIK, ADVOCATE)

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AND:

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Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA

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HEMANTH S/O SABANNA EMANORE AGE: 26 YEARS, R/O H.NO.25, ANNADANNAPA LINE, K.R.SHEETY PET, CUBBAN PET, BANGALORE-560002

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…RESPONDENT

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(NOTICE IS SERVED)

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THIS CP IS FILED U/S. 24 OF THE CPC, PRAYING TO THE MC NO.554/2019, PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE, BE WITHDRAWN AND TRANSFERRED TO THE LEARNED SENIOR CIVIL JUDGE AT YADGIRI.

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2 - NC: 2023:KHC-K:5450 CP No. 200014 of 2021

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

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ORDER

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The petition is filed by the wife seeking for transfer of the petition in MC.No.554/2019 which has been filed by her husband under Section 13(1) (i-a) of the Hindu Marriage Act, before the Family Judge at Bangalore City, Bangalore and transfer the same to the learned Senior Civil Judge at Yadgiri.

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Notice sent by this Court was returned with postal endorsement “party absent. In addition, the counsel for petitioner was permitted to take out notice on the counsel appearing for the respondent in the Family Court. An affidavit is also filed by the petitioner that when she tried to serve the copy of the petition on the counsel for respondent office at Rajaji Nagar, Bangalore, the counsel refused to accept the notice. In view of the said affidavit, notice to respondent is held sufficient.

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3 - NC: 2023:KHC-K:5450 CP No. 200014 of 2021

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Having regard to the fact that the petitioner-wife is residing at Yadgiri along with her parents and criminal cases are also registered in Yadgiri, in my view, it would be appropriate to withdraw M.C.No.554/2019 pending on the file of the Prl. Judge Family Court, Bangalore and transfer the same to be heard and decided by the learned Senior Civil Judge, Yadgiri. The Family Court Bangalore is directed to inform the counsel appearing for the respondent as well as the respondent about this order on the next date of hearing.

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The petition is accordingly allowed.

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Sd/JUDGE

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MSR

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List No.: 1 Sl No.: 8

Smt Ambika W/O Late Dathu v. Hemanth S/O Sabanna Emanore

Case brief

What is this about?

What did the court decide?

Smt Ambika W/O Late Dathu v. Hemanth S/O Sabanna Emanore

Case brief

What is this about?

What did the court decide?

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