Allowed

Mrs Chaitra Vadyadagaya v. Ravindra Krishna

Karnataka HC17 Aug 2023CP/241/2023

Case brief

AI extract

What is this about?

The Court allowed Civil Petitions under Section 24 of CPC filed by a wife seeking transfer of restitution of conjugal rights and custody cases from Mangaluru to Bengaluru. The transfer was permitted as both parties currently reside and work in Bengaluru, facilitating the interest of justice.

What did the court decide?

Both Civil Petitions filed under Section 24 of CPC were allowed; proceedings in the underlying matrimonial cases were directed to be transferred to the Family Court at Bengaluru.

Mrs Chaitra Vadyadagaya Vs Ravindra Krishna — Child Custody and Guardianship | Karnataka HC (2023)

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NC: 2023:KHC:29144 CP No. 241 of 2023 C/W CP No. 281 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF AUGUST, 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. 241 OF 2023

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C/W

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CIVIL PETITION NO. 281 OF 2023

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BETWEEN:

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MRS.CHAITRA VADYADAGAYA

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W/O RAVINDRA KRISHNA, D/O LATE SHANKARA BHAT, AGED ABOUT 34 YEARS, R/O 2-13, VADYADAGAYA. PERNE, BANTWAL TALUK, D.K.574325,

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NOW R/AT NO.107, GROUND FLOOR, 5^TH CROSS, HAVYAKA NAGARA 2^ND STAGE, CHIKKABETTAHALLI, VIDYARANYAPURA, BENGALURU-560097.

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…PETITIONER

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(COMMON IN BOTH PETITIONS)

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Digitally signed by CHAYA S A Location: High Court of Karnataka

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(BY SRI.KRISHNAMOORTHY D.,ADVOCATE)

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AND:

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RAVINDRA KRISHNA S/O KRISHNA JOISA, AGED ABOUT 38 YEARS, R/O NO.3-149/4, KRIPA, BHARATH NAGAR, IDDYA, SURATHKAL, MANGALORE-575014.

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…RESPONDENT (COMMON IN BOTH PETITIONS)

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(BY SMT.ANITA ABRAHAM., ADVOCATE)

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2 - NC: 2023:KHC:29144 CP No. 241 of 2023 C/W CP No. 281 of 2023

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C.P.NO.241/2023 IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE M.C.NO.219/2023 FILED BEFORE THE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT MANGALORE, FILED BY THE RESPONDENT HEREIN UNDER ORDER 7 RULE 1 OF CPC FOR RESTITUTION OF CONJUGAL RIGHTS, TO THE COURT OF FAMILY COURT AT BENGALURU BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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C.P.NO.281/2023 IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE MC.NO.233/2023 FILED BEFORE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT MANGALORE FILED BY THE RESPONDENT HEREIN UNDER SECTION 26 OF THE FAMILY COURTS ACT SEEKING ADIRECTION TO HANDOVER THE TEMPORARY CUSTODY OF THE MINOR CHILDREN MASTER ANIKETH AND KUMARI ARUSHI TO THE PETITIONER TILL THE RESPONDENT / PETITIONER JOIINS THE PETITIONER/RESPONDENT, TO THE COURT OF FAMILY COURT AT BENGALURU BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel Sri.D.Krishnamuurthy for

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petitioner/wife and learned counsel Smt.Anita Abraham for respondent/husband in both the petitions. Perused the civil petition papers.

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C.P.No.241/2023 is filed under Section 24 of CPC praying for transfer of M.C.No.219/2023 filed under Section 9 of the Hindu Marriage Act, 1955 (for short, ‘1955 Act’) for restitution of conjugal rights before

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3 - NC: 2023:KHC:29144 CP No. 241 of 2023 C/W CP No. 281 of 2023

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the I Additional Principal Judge, Family Court, Mangaluru to the Family Court at Bengaluru.

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C.P.No.281/2023 is filed under Section 24 of CPC praying to transfer M.C.No.233/2023 filed under Section 26 of 1955 Act on the file of the I Additional Family Court at Mangaluru for a direction to the petitioner/wife to handover the temporary custody of minor children Master Aniketh and Kumar Arushi to the respondent/husband till the petitioner/wife joins the respondent/husband, to the Family Court at Bengaluru.

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4. Learned counsel appearing for both the parties

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would submit that both the husband and wife are working at Bengaluru i.e., wife is working in Volvo and husband is working at Capgemini. From the marriage, the couple have two minor children, one is aged about 4 ½ years and other about 2 years 4 months. Both the children are with the petitioner/wife. Learned counsel would submit that since both the petitioner and respondent are residing at

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4 - NC: 2023:KHC:29144 CP No. 241 of 2023 C/W CP No. 281 of 2023

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Bengaluru, both the cases pending before the Mangaluru Court be transferred to the Family Court at Bengaluru.

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Learned counsel for the respondent/husband would submit that both the petitions were filed at Mangaluru when the respondent/husband was working at Mangaluru. The respondent/husband has shifted to Bengaluru recently and he is residing at Bengaluru.

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Since learned counsel appearing for both the parties have no objection to transfer both the petitions to Bengaluru and taking note of the interest of the parties, I proceed to pass the following:

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ORDER

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Both the Civil Petitions filed under Section 24 of CPC are allowed.

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1. The proceedings in M.C.No.219/2023 as well as M.C.No.233/2023, both pending on

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the file of the I Additional Principal Judge, Family Court, Mangaluru are directed to be

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5 - NC: 2023:KHC:29144 CP No. 241 of 2023 C/W CP No. 281 of 2023

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transferred to the Family Court at Bengaluru for further consideration in

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accordance with law.

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In view of disposal of Civil Petitions, all the pending I.As stand disposed of.

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Sd/JUDGE

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List No.: 1 Sl No.: 35

Mrs Chaitra Vadyadagaya v. Ravindra Krishna

Case brief

What is this about?

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Mrs Chaitra Vadyadagaya v. Ravindra Krishna

Case brief

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