Allowed

Smt Chithra v. Mr Chandrashekaraiah M.C.

Karnataka HC7 Mar 2023CP/306/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka transferred matrimonial proceedings initiated by the husband in Kunigal to the Family Court at Bengaluru. The court considered the petitioner-wife's difficulties, including caring for minor children with ailments, and applied the principle that transfer should generally favor the wife.

What did the court decide?

Matrimonial proceedings MC.No.42/2022 transferred to Family Court at Bengaluru; respondent-husband not insisted for personal appearance unless required.

Smt Chithra Vs Mr Chandrashekaraiah M.C. — Matrimonial and Divorce | Karnataka HC (2023)

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CP No. 306 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^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.306 OF 2022

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BETWEEN:

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SMT.CHITHRA W/O.CHANDRASHEKARAIAH AGED ABOUT 31 YEARS R/AT NO.179, GANGANILAYA 1^ST CROSS, NETHRAVATHI ROAD UDAYANAGAR NEAR TIN FACTORY BENGALURU-560 016

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…PETITIONER

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(BY SRI GOVARDHAN S., ADVOCATE)

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AND:

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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MR.CHANDRASHEKARAIAH M.C. S/O.CHIKKA YELLAPPA AGED ABOUT 46 YEARS R/AT NO.29, KHB COLONY VIDYANAGAR, KUNIGAL TUMKURU DISTRICT-572 130

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ALSO AT: C/O.TALUK GENERAL HOSPITAL MAGADI TALUK RAMANAGARA DISTRICT-562 120

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…RESPONDENT

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(BY SMT.NANDINI B. FOR SRI BHARGAV G., ADVOCATES)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER M.C.NO.42/2022 PENDING ON THE FILE OF SENIOR CIVIL

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CP No. 306 of 2022

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JUDGE AND JMFC, KUNIGAL TO THE FAMILY COURT AT BENGALURU 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 matrimonial proceedings filed by the respondent-husband in MC.No.42/2022 for dissolution of marriage pending on the file of the Senior Civil Judge and JMFC, Kunigal to the Family Court at Bengaluru.

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It is the contention of learned counsel for petitioner that the wife is having two minor children, who are residing with her, out of whom, one child is having certain ailments and it is difficult for her to leave her children and travel to Kunigal. Hence, he seeks to transfer the petition filed by the husband before the Senior Civil Judge and JMFC, Kunigal to the Family Court at Bengaluru.

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Learned counsel for respondent vehemently objects to transfer of this petition from Kunigal to Bengaluru on the ground that the petitioner-wife is not having any avocation and is a homemaker, whereas the respondent-husband is a Government employee. Hence, it would be difficult for him to

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CP No. 306 of 2022

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take leave on every occasion to travel to the Family Court at Bengaluru to attend the Court proceedings. It is also contended by her that in case, the petitioner is directed to attend the Court at Kunigal, she would not face any difficulty as the Court has also granted interim maintenance in the proceedings filed under the Protection of Women from Domestic Violence Act, 2005 preferred by the petitioner-wife.

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Having heard learned counsel for petitioner and learned counsel for respondent, I do not find any legal impediment to transfer the case pending before the Senior Civil Judge and JMFC at Kunigal in MC.No.42/2022 to the Family Court at Bengaluru for adjudication. It is also apparently seen that less amount of hardship and inconvenience would be caused to the respondent-husband in traveling to Bengaluru to attend the matrimonial proceedings rather than the wife attending the case at Kunigal preferred by the respondenthusband seeking divorce.

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In cases of transfer petition of matrimonial proceedings, what is to be seen is the inconvenience and hardship that would be caused to the parties. In general

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CP No. 306 of 2022

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circumstances, it should favour the wife as she would have to travel along with an attendant which would cause more inconvenience to her than the husband. 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 MC.No.42/2022 filed under Section 13(1) of the Hindu Marriage Act, 1955 pending on the file of the Senior Civil Judge and JMFC, Kunigal, is ordered to be transferred to the Family Court at Bengaluru;

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iii) The Family Court at Bengaluru shall not insist on personal appearance of respondent-husband, unless it is required.

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Sd/JUDGE

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Smt Chithra v. Mr Chandrashekaraiah M.C.

Case brief

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Smt Chithra v. Mr Chandrashekaraiah M.C.

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