Allowed

Smt Nisarga K v. Sri Ratish M

Karnataka HC10 Jan 2023CP/29/2022

Case brief

AI extract

What is this about?

Civil petition filed by wife for transfer of husband's divorce suit from Family Court, Bengaluru, to Nagamangala. Court granted transfer due to petitioner's residence and hardship in traveling, allowing respondent to attend both pending petitions at Nagamangala.

What did the court decide?

Matrimonial proceedings in MC.No.31/2022 transferred from Family Court, Bengaluru, to Senior Civil Judge and JMFC, Nagamangala.

Smt Nisarga K Vs Sri Ratish 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 10^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.29 OF 2022

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BETWEEN:

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SMT.NISARGA K. D/O.KAILESHGOWDA W/O.RATISH M. AGED ABOUT 25 YEARS R/AT HUCCHAKALLEGOWDANA KOPPALU VILLAGE HONAKERE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT - 571 432 ... PETITIONER (BY SRI M.N.RAGHU AND SRI VISHWANATHA K.S., ADVOCATES)

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AND:

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SRI RATISH M. S/O.LATE P.MUNIRAJU AGED ABOUT 38 YEARS R/AT 24/8, RMV LAYOUT 2^ND STAGE, 1^ST BLOCK ARAMANENAGARA, FLAT NO.102 ASHWATH NAGARA BENGALURU – 560 094 ... RESPONDENT (BY SRI B.S.MANJUNATH, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO ORDER THE TRANSFER OF THE CASE FILED BY THE RESPONDENT BEFORE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT IN MC.NO.31/2022 AT BENGALURU TO THE COURT OF THE SENIOR CIVIL

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JUDGE & JMFC AT NAGAMANGALA FOR ADJUDICATION & 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 matrimonial proceedings filed by the respondent-husband in MC.No.31/2022 under Section 13(i-a) of the Hindu Marriage Act, 1955 for divorce from V Additional Principal Judge, Family Court at Bengaluru to the Senior Civil Judge and JMFC at Nagamangala.

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It is the contention of learned counsel that petitioner has preferred a petition in Crl.Misc.No.569/2021 under the provisions of the Protection of Women from Domestic Violence Act, 2005 before the Additional Civil Judge and JMFC at Nagamangala, which is pending adjudication. He also contends that petitioner has also filed a complaint for the offences punishable under Sections 420, 498-A, 504, 506, 323, 149 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act in Crime No.245/2021 and

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chargesheet has been laid in CC.No.374/2022, which is pending before the Civil Judge and JMFC, Nagamangala.

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It is the contention of learned counsel for petitioner-wife that she is residing with her parents at Nagamangala Taluk and it would be immense hardship and difficult for her to travel to Bengaluru to attend the Court proceedings.

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It is contended that since the petitioner is unemployed and has no source of income, she has to depend on her parents. Hence, there would be huge expenditure for her travelling and accommodation to attend the proceedings at Bengaluru, which would not be the case if the respondent attends the matrimonial proceedings at Nagamangala. Hence, he seeks for transfer of these proceedings preferred by the respondent-husband from Bengaluru to Nagamangala and thereby, it would be convenient for the respondenthusband to attend two petitions preferred by the petitioner-wife at Nagamangala.

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Learned counsel for respondent, who is present before the Court, objects to transfer this petition on the ground that frivolous petition has been initiated by the petitioner-wife and it is her second marriage with the respondent. However, he would submit for an expeditious disposal of the case.

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Having heard the learned counsel on both sides, I am of the opinion that if the matrimonial proceedings pending on the file of the Family Court at Bengaluru is transferred to the Senior Civil Judge and JMFC at Nagamangala, no inconvenience would be caused to the respondent-husband, whereas much hardship and difficulty would be caused to the petitioner to travel from Nagamangala to Bengaluru. Accordingly, I proceed to pass the following:

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ORDER

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i) The petition is allowed ; ii) The matrimonial proceedings in MC.No.31/2022 pending on the file of V Additional Principal Judge, Family Court at Bengaluru is ordered to be transferred to

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the Senior Civil Judge and JMFC at Nagamangala for adjudication, in accordance with law; iii) The Senior Civil Judge and JMFC, Nagamangala would make effort to dispose of the matter expeditiously.

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Sd/JUDGE

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Smt Nisarga K v. Sri Ratish M

Case brief

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Smt Nisarga K v. Sri Ratish M

Case brief

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