Allowed

Smt. Ashwini v. Shri. Sanjay M

Karnataka HC10 Mar 2023CP/289/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil petition filed by the wife seeking transfer of the husband's matrimonial dissolution proceedings from the Family Court at Bengaluru to the Family Court at Mysore. The court found that transfer would cause less hardship given the wife's separate maintenance proceedings at Mysore and her need to travel with a minor child.

What did the court decide?

The matrimonial proceedings in M.C.No.751/2022 are transferred to the Family Court at Mysore to be tried along with Cri.Misc.No.799/2022.

Smt. Ashwini Vs Shri. Sanjay M — Matrimonial and Divorce | Karnataka HC (2023)

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CP No. 289 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH 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. 289 OF 2022

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BETWEEN:

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SMT. ASHWINI W/O SRI SANJAY M D/O LATE SRI GOPAL S V AGED 36 YEARS R/AT NO.3336, CHIKKABANDIKERI STREET SRIRANGAPATNA, MANDYA-571438 PRESENTLY RESIDING AT NO.953 2^ND STAGE, THIRTANKARAMARGA SIDDHARTHA LAYOUT, MYSORE-570011.

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…PETITIONER

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Digitally signed by YASHODA KRISHNAPPA Location: HIGH COURT OF KARNATAKA

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(BY SRI. VINAY, ADVOCATE FOR SRI. MANMOHAN P N., ADVOCATE)

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AND:

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SHRI. SANJAY M S/O SHRIMAHADAV M AGED ABOUT 34 YEARS R/A C/O SANJAY M NO.33 1^ST FLOOR, A BLOCK 9^TH MAIN NEAR SHIVA TEMPLE KUDLU BOMMANAHALLI, AECS ALYOUT SINGASANDRA, BENGALURU-560068.

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…RESPONDENT

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(BY SRI. GOREPPA., ADVOCATE)

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CP No. 289 of 2022

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THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO ALLOW THIS PETITION AND TRANSFER M.C.NO.751/2022 PENDING BEFORE THE COURT OF THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE COURT OF THE JUDGE, FAMILY COURT AT MYSORE IN THE INTEREST OF JUSTICE AND EQUITY AND 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 respondenthusband in M.C.No.751/2022 filed for dissolution of marriage pending on the file of

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IV Additional Principal Judge, Family Court at Bengaluru to the Family Court at Mysore.

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It is the contention of learned counsel for

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petitioner that the wife has preferred a petition under Section 125 of Cr.PC for maintenance of herself and child in Cri.Mis.No.799/2022 pending before the Family Court at Mysore. It is the further contention of learned counsel for petitioner that the petition preferred by the husband is at Bengaluru. He further contends that since the petitioner is not having any source of income, she has to depend on

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CP No. 289 of 2022

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her parents and she would also incur huge expenditure on her stay, accommodation and food, to appear for the Court proceedings at Bengaluru. Therefore, it would cause difficulty and hardship to the wife to travel from Mysore to Bengaluru. Hence, she seeks to transfer the petition filed by the husband before the Family Court at Bengaluru to the Family Court at Mysore.

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Since the petition filed by the wife under Section 125 of Cr.PC is pending before the Family Court at Mysore, I do not find any legal impediment to transfer the case pending before the Family Court at Bengaluru in M.C.No.751/2022 to the Family Court at Mysore for adjudication. It is also apparently seen that less amount of hardship would be caused to the respondent-husband in traveling to Mysore to attend the aforesaid cases rather than the wife attending the case at Bengaluru preferred by the respondent-husband seeking divorce. It is not in dispute that respondent is attending the case instituted by wife at Mysuru and the petitioner-wife would have to

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CP No. 289 of 2022

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travel along with the minor child, which will cause more hardship and difficulty to her rather than the respondent. Accordingly, I proceed to pass the following:

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ORDER

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i) Petition is allowed; ii) The matrimonial proceedings in M.C.No.751/2022 filed under Section 13(1)(ia)(i-b) of the Hindu Marriage Act, 1955 pending on the file of IV Additional Principal Judge, Family Court at Bengaluru, is ordered to be transferred to the Family Court at Mysore and the same shall be tried along with Cri.Misc.No.799/2022, which is preferred by the wife pending on the file of the Family Court at Mysore.

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Sd/JUDGE

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KLY

Smt. Ashwini v. Shri. Sanjay M

Case brief

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Smt. Ashwini v. Shri. Sanjay M

Case brief

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