Allowed

Smt Jyothi v. Sri Ramesha Y B

Karnataka HC1 Mar 2023CP/27/2022

Case brief

AI extract

What is this about?

The High Court allowed the wife's transfer petition, ordering the husband's restitution of conjugal rights case from Mysuru to be transferred to Mangaluru to be tried alongside the wife's existing matters there.

What did the court decide?

The matrimonial proceedings MC.No.872/2019 filed under Section 9 of the Hindu Marriage Act, 1955 were ordered to be transferred from I Additional Family Court, Mysuru to I Additional Principal Judge,

Smt Jyothi Vs Sri Ramesha Y B — Matrimonial and Divorce | Karnataka HC (2023)

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CP No. 27 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

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CIVIL PETITION NO.27 OF 2022

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BETWEEN:

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SMT.JYOTHI W/O.RAMESHA AGED ABOUT 34 YEARS D/O.M.V.HARISHCHANDRA ACHARYA C/O.ANITHA R/AT 1^ST CROSS SUDHAKARA SHETTY COMPOUND NEAR PRIMARY SCHOOL ATTAVARA MANGALURU - 575 001

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…PETITIONER

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(BY SRI RAVISHANKAR T.P., ADVOCATE)

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AND:

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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SRI RAMESHA Y.B. S/O.LATE BABURAYA ACHARYA AGED ABOUT 41 YEARS R/AT DOOR NO.398 2^ND MAIN NEAR GANESH BHANDAR JANATHANAGAR MYSURU - 570 009

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… RESPONDENT

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(RESPONDENT IS SERVED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW THE ENTIRE PROCEEDINGS IN M.C.NO.872/2019 PENDING ON THE FILE OF I ADDITIONAL FAMILY COURT, MYSURU AND TO

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CP No. 27 of 2022

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TRANSFER THE SAME TO I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MANGALURU, DAKSHINA KANNADA & ETC. 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.872/2019 for restitution of conjugal rights pending on the file of I Additional Family Court at Mysuru to I Additional Principal Judge, Family Court at Mangaluru, Dakshina Kannada.

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It is the contention of learned counsel for petitioner that the wife has preferred a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in Crl.Misc.No.89/2019, which is pending before JMFC (II Court), Mangaluru, Dakshina Kannada and also another petition seeking divorce in M.C.No.334/2020 pending before I Additional Principal Judge, Family Court at Mangaluru, Dakshina Kannada. It is the further contention of learned counsel for petitioner that the petition preferred by the husband is at Mysuru, which is at about 260 kms. from Mangaluru. He further contends that since the petitioner is not having any source of income, she has to depend on her aged

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CP No. 27 of 2022

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parents and she would also incur huge expenditure on her stay, accommodation and food to appear for the Court proceedings at Mysuru and she is also having a minor child, it would cause difficulty and hardship for her to travel from Mangaluru to Mysuru. Hence, she seeks to transfer the petition filed by the husband before the Family Court at Mysuru to the Family Court at Mangaluru.

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Since two petitions filed by the wife are pending before the Court at Mangaluru, Dakshina Kannada, I do not find any legal impediment to transfer the case pending before the Family Court at Mysuru in MC.No.872/2019 to the Family Court at Mangaluru, Dakshina Kannada for adjudication. It is also apparently seen that less amount of hardship would be caused to the respondent-husband in traveling to Mangaluru to attend the aforesaid cases rather than the wife attending the case at Mysuru 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.872/2019 filed under Section 9 of the Hindu Marriage Act,

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CP No. 27 of 2022

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1955 pending on the file of I Additional Family Court at Mysuru, is ordered to be transferred to I Additional Principal Judge, Family Court at Mangaluru, Dakshina Kannada and the same to be tried along with M.C.No.334/2020 and Crl.Misc.No.89/2019, which are preferred by the wife pending before the Court at Mangaluru, Dakshina Kannada.

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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.: 43

Smt Jyothi v. Sri Ramesha Y B

Case brief

What is this about?

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Smt Jyothi v. Sri Ramesha Y B

Case brief

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