Allowed

Smt. Harini T N v. Sri. Kashinath K M

Karnataka HC9 Jan 2023CP/272/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil petition filed by a wife for transfer of matrimonial proceedings from Bengaluru to Shivamogga. The court held that due to the petitioner's job loss, residence in Chitradurga, and presence of a minor child, transfer to Shivamogga where the husband resides would cause less hardship.

What did the court decide?

Proceedings in MC.No.4712/2019 directed to be transferred to Family Court at Shivamogga.

Smt. Harini T N Vs Sri. Kashinath K M — Matrimonial and Divorce | Karnataka HC (2023)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JANUARY, 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.272 OF 2022

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BETWEEN: SMT.HARINI T.N. W/O.KASHINATH K.M. AGED ABOUT 38 YEARS R/AT THALAKATTA AT POST RAMAGIRI HOBLI HOLALKERE TALUK CHITRADURGA DISTRICT – 577 539 ... PETITIONER

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(BY SRI J.KALADEEPA FOR SRI G.S.PATEEL, ADVOCATES)

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AND:

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SRI KASHINATH K.M. S/O.MALLAPPA ACHAR AGED ABOUT 42 YEARS R/AT NO.13, 2^ND FLOOR SALUR MATTA APARTMENT NEAR VINAYAKA PARK BASAVANAGUDI SHIVAMOGGA – 577 201

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WORKING AS DISTRICT MANAGER NATIONAL SKILL DEVELOPMENT CORPORATION, BALARAJ URS ROAD SHIVAMOGGA – 577 201 ... RESPONDENT (BY SRI SANDESH T.B., ADVOCATE) ---

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO

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PASS AN ORDER FOR WITHDRAWING THE CASE IN MC NO.4712/2019 PENDING ON THE FILE OF IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND TO TRANSFER THE SAME TO THE FAMILY COURT AT SHIVAMOGGA 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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This petition is preferred by the wife seeking transfer of proceedings initiated by her before the Family Court at Bengaluru in MC.No.4712/2019 filed under Section 13(1)(i)(ia) of the Hindu Marriage Act.

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At the time of filing the petition, the petitioner was residing and working at Bengaluru. Due to global pandemic Covid-19, she lost her job and shifted to Holalkere, Chitradurga. Presently, she is residing along with her mother and a minor child. The respondent is residing and working at Shivamogaa.

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In view of the petitioner having lost her job, she filed this petition to transfer the proceedings filed

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by her before the Family Court at Bengaluru to the Family Court at Shivamogga.

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It is admitted that the respondent-husband is residing and working at Shivamogga. Hence, there would not be any difficulty for him to appear before the Family Court at Shivamogaa.

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5. Distance between Bengaluru to Shivamogga

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is 220 Kms. Therefore, it would be difficult for the petitioner to travel from Chitradurga to Bengaluru. It would also be cumbersome for the petitioner to bring with her the minor child. Hence, more hardship would be caused to petitioner rather than the respondent.

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Accepting the submission made by learned counsel for the respective counsel, I proceed to pass the following:

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ORDER

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i) The petition is allowed ;

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ii) The proceedings in MC.No.4712/2019 on

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the file of the Principal Judge, Family Court, Bengaluru, is directed to be transferred to

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the Family Court at Shivamogga for adjudication.

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iii) The parties shall appear before the Family Court at Shivamogga on 15.02.2023 . iv) In case, the parties want to resolve the dispute through mediation, the proceedings shall be referred to the Mediation Centre at Shivamogga.

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Sd/JUDGE

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Smt. Harini T N v. Sri. Kashinath K M

Case brief

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What did the court decide?

Smt. Harini T N v. Sri. Kashinath K M

Case brief

What is this about?

What did the court decide?

What the court decided

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