Allowed

Smt Vinutha M v. Vs Pramod H S

Karnataka HC30 May 2023CP/238/2021

Case brief

AI extract

What is this about?

This order allowed a transfer petition seeking moving restitution of conjugal rights proceedings from Hunsur to the Family Court, Mysuru, based on the petitioner's residence there and financial inability to contest in Hunsur, finding no prejudice to the respondent.

What did the court decide?

The proceedings in M.C. No.15/2021 were withdrawn from the Additional Senior Civil Judge and JMFC, Hunsur, and transferred to the Family Court, Mysuru.

Smt Vinutha M v Vs Pramod H S — Matrimonial and Divorce | Karnataka HC (2023)

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CP No. 238 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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CIVIL PETITION NO.238 OF 2021

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BETWEEN:

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SMT VINUTHA M V W/O PRAMOD H S AND D/O LATE VEERUPAKSHA AGED 43 YEARS RESIDING AT DOOR NO.4800/A FIRST MAIN ROAD BASAVESHWARA ROAD RAJENDRANAGARA KESARE, N.R. MOHALLA MYSURU CITY - 570 007

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…PETITIONER

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(BY SRI. RANGA RAMU V, ADVOCATE)

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Digitally signed by AND: CHAITHRA A Location: SRI.PRAMOD H S HIGH S/O LATE H.A. SHIVAPPA COURT OF KARNATAKA AGED ABOUT 52 YEARS RESIDING AT HONNENAHALLI VILLAGE KATTEMALALAVADI POST GAVADAGERE HOBLI HUNSUR TALUK MYSURU DISTRICT - 571106

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…RESPONDENT

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(BY SRI.PRABHAKARA, ADVOCATE)

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CP No. 238 of 2021

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING THAT THIS HON'BLE COURT TO (I) TO WITHDRAW THE PETITION / CASE IN M.C.NO.15/2021 FROM THE HON'BLE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, MYSORE DISTRICT AND TO TRANSFER THE SAME BEFORE THE HON'BLE ADDITIONAL COURT OF FAMILY JUDGE AT MYSURU IN WHICH THE PETITIONER'S PETITION / CASE IN C.MIS.NO. 526/2021 IS PENDING FOR CONSIDERATION BETWEEN THE SAME PARTIES AND ETC.

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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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The transfer petition is filed by the petitioner -

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wife seeking transfer of restitution of conjugal rights proceedings pending in M.C.No.15/2021 on the file of the Additional Senior Civil Judge and JMFC, Hunsur, Mysuru District to the Family Court, Mysuru.

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The petitioner - wife, on receipt of notice in the proceedings pending M.C.No.15/2021, has filed this transfer petition alleging that she is homemaker and she has no any independent source of income and that she is totally dependent on her parents.

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CP No. 238 of 2021

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The petitioner - wife claimed that respondent -

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husband is financially sound and he owns 18 acres of farm

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land. He is also possessing tobacco barn license. The petitioner - wife also claimed that respondent - husband has constructed two storied houses in Mysuru City and collects rent to the tune of Rs.25,000/- per month. The fact that he has constructed two storied houses is not in dispute and the same is indicated in the restitution petition.

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From the materials on record, it is borne out

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that Hunsur Town, where restitution proceedings are initiated by respondent - husband, is located at the distance of 65 kilometers from Mysuru. It is also forthcoming that the petitioner - wife has initiated maintenance proceedings before the Family Court, Mysuru. There is no serious contest by respondent - husband. Though he has engaged a counsel, the counsel remained absent on all the last three dates of hearing.

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CP No. 238 of 2021

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On examining the materials on records, this

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Court would find that the petitioner - wife along with son are residing at Mysuru and son of the petitioner and respondent is pursuing his studies at Mysuru. The petitioner - wife has no financial support and therefore, this Court is of the view that the petitioner - wife may not be in a position to defend and contest the proceedings pending on the file of the Additional Senior Civil Judge, Hunsur.

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To afford a fair trial, this Court is of the view

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that the restitution proceedings pending on the file of the Additional Senior Civil Judge and JMFC, Hunsur deserve to be transferred to the Family Court, Mysuru. If the proceedings are transferred, no prejudice would be caused to the respondent - husband as the respondent - husband owns two storied houses at Mysuru and is collecting rent and also owns agricultural lands. Even if restitution petition is transferred, no serious prejudice would be caused to the respondent - husband.

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CP No. 238 of 2021

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For the reasons stated supra, I pass the following;

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ORDER

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(i) The Civil Petition is allowed .

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(ii) The proceedings pending in M.C. No.15/2021 on the file of the Additional Senior Civil Judge and JMFC, Hunsur, Mysure District are withdrawn and transferred to the Family Court, Mysuru.

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(iii) The Family Court, Mysuru on receipt of record shall issue fresh notice to the respondent - husband as well as petitioner - wife.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 6

Smt Vinutha M v. Vs Pramod H S

Case brief

What is this about?

What did the court decide?

Smt Vinutha M v. Vs Pramod H S

Case brief

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