Allowed

Smt. Sumana S.R v. Sri. K.N. Mahesh

Karnataka HC4 Sept 2023CP/227/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a civil petition under Section 24 CPC, allowed the transfer of matrimonial proceedings (M.C.No.1359/2022) from the Principal Judge, Family Court at Bengaluru to the Senior Civil Judge and JMFC. at Doddaballapura. The order was based on the wife's residence, lack of income, and the fact that she had not yet led evidence in the suit.

What did the court decide?

Proceedings in M.C.No.1359/2022 transferred from Principal Judge, Family Court Bengaluru to Senior Civil Judge and JMFC. Doddaballapura.

Smt. Sumana S.R Vs Sri. K.N. Mahesh — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:31702 CP No. 227 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT

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CIVIL PETITION NO. 227 OF 2022

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BETWEEN:

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SMT. SUMANA S.R W/O SRI K N MAHESH D/O SRI S L RAMACHANDRA AGED ABOUT 34 YEARS R/AT NO.2149, THYAGARAJANAGARA DODDABALLAPURA TOWN BENGALURU-561203.

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…PETITIONER (BY SRI. RAGHAVENDRA A V, ADV.)

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AND:

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Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA

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SRI. K.N. MAHESH S/O LATE NANJUNDESHWARA C/O SRI NANJUNDAPPA AND SMT P JAYALAKSHMAMMA AGED ABOUT 41 YEARS R/AT NO.7/1, 13^TH CROSS (GALLI) CUBBONPETE BENGALURU-560002. AND ALSO WORKING AS A MRUDHANGA MASTER AT JAI GOPALA GARODIRA RASHTROTTHANNA RAMAMURTHYNAGARA BENGALURU-560016.

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…RESPONDENT

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(BY SRI. GOVINDRAYA KAMATH K., ADV.)

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THIS PETITION UNDER SECTION 24 OF CPC, PRAYING TO PASS FOLLOWING ORDERS: (A) WITHDRAW M.C.NO.1359/2022 PENDING BEFORE THE PRINCIPAL JUDGE FAMILY COURT AT

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NC: 2023:KHC:31702 CP No. 227 of 2022

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BENGALURU AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AND JMFC AT DODDABALLAPURA; (B) GRANT COSTS AND (C) SUCH OTHER RELIEFS AS THIS COURT BE DEEMED FIT IN THE PRESENT FACTS AND CIRCUMSTANCES OF CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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

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ORDER

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Heard the learned counsel Sri.Raghavendra.A.V., for petitioner and learned counsel Sri.Govindaraj Kamath.K., for respondent through video conference. Perused the civil petition papers.

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2. Learned counsel for the petitioner/wife would

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submit that petitioner/wife is before this Court under Section 24 of CPC praying to transfer M.C.No.1359/2022 on the file of the Principal Judge, Family Court at Bengaluru to the Senior Civil Judge and JMFC., at Doddaballapura. Learned counsel for the petitioner/wife would submit that the marriage of the petitioner and respondent was solemnized on 07.06.2010 and from the marriage, they have one child. It is submitted that the child is with the petitioner/wife and is studying V standard

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NC: 2023:KHC:31702 CP No. 227 of 2022

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at School in Doddaballapura. It is submitted that respondent/husband instituted M.C.No.1359/2022 on the file of the Principal Judge, Family Court at Bengaluru under Section 9 of the Hindu Marriage Act, 1955 (for short, ‘1955 Act’) for restitution of conjugal rights, whereas the petitioner/wife filed M.C.No.27/2022 before the Senior Civil Judge and JMFC., at Doddaballapura seeking dissolution of marriage under Section 13(1)(ia)(ib) of 1955 Act. Learned counsel would submit that since the petitioner/wife has initiated proceedings before the Court at Doddaballapura, it would be convenient for her to attend the Court proceedings at Doddaballapura. Further, it is submitted that petitioner/wife has no income of her own and she along with her child depending on her parents for their livelihood. Therefore, it is prayed for transfer of M.C.No.1359/2022 pending on the file of the Principal Judge, Family Court at Bengaluru to the Senior Civil Judge and JMFC., at Doddaballapura.

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NC: 2023:KHC:31702 CP No. 227 of 2022

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On the other hand, learned counsel for the respondent/husband would submit that M.C.No.1359/2022 filed before the Principal Judge, Family Court at Bengaluru is at the stage of final arguments and at this stage, it would not be proper for this Court to transfer the said MC proceedings to the Doddaballapura. When the Court queried as to whether petitioner/wife has lead her evidence, it is submitted that petitioner/wife has not lead her evidence in the petition filed under Section 9 of the 1955 Act.

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4. Having heard the learned counsel appearing for

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the parties and on perusal of the civil petition papers, I am of the view that petitioner would be entitled for the relief sought in the petition.

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5. When a petition is filed under Section 24 of CPC

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for transfer of case from one Court to another Court, particularly in matrimonial cases, the Court shall look into the hardship or inconvenience that would be caused to the wife. In the instant case, the petitioner/wife is residing

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5 - NC: 2023:KHC:31702 CP No. 227 of 2022

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with her parents at Doddaballapura along with her child who is studying V standard at School in Doddaballapura. It is also stated that petitioner has no income of her own. Therefore, it would be appropriate for this Court to direct transfer of MC proceedings from Bengaluru to Doddaballapura. Since the petitioner/wife has not let in her evidence in the M.C.No.1359/2022, transfer of the said proceedings from Bengaluru Court to Doddaballapura Court would not affect the case. However, it would be open for the petitioner/wife that on transfer, to file appropriate application for re-open the stage. Hence, the following:

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ORDER

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1. The Petition is allowed.

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The proceedings in M.C.No.1359/2022 on the file of the Principal Judge, Family Court at Bengaluru is directed to be transferred to the Court of Senior Civil Judge and JMFC., at Doddaballapura for

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6 - NC: 2023:KHC:31702 CP No. 227 of 2022

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further consideration in accordance with

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law.

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In view of allowing of the Civil Petition, all the

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pending I.As stand disposed of.

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Sd/JUDGE

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NC CT:bms List No.: 1 Sl No.: 30

Smt. Sumana S.R v. Sri. K.N. Mahesh

Case brief

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Smt. Sumana S.R v. Sri. K.N. Mahesh

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