Allowed

Smt. D Disha v. Sri. B C Hemanth

Karnataka HC26 Jul 2023CP/36/2023

Case brief

AI extract

What is this about?

The Karnataka High Court allowed a transfer petition filed by a wife seeking to move divorce proceedings from Belur to Tumakuru. Citing the Supreme Court principle that the wife's convenience is paramount, the court ordered the transfer to ease her financial and physical burden in contesting the case.

What did the court decide?

Divorce proceedings M.C. No. 53/2022 pending in Senior Civil Judge, Belur withdrawn and transferred to I Additional Family Court, Tumakuru.

Smt. D Disha Vs Sri. B C Hemanth — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:25927 CP No. 36 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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CIVIL PETITION NO.36 OF 2023

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BETWEEN:

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SMT. D.DISHA W/O B C HEMANTH D/O DAYANAND AGED ABOUT 25 YEARS R/AT 4^TH CROSS, BASAVAPATTANA URDIGERI HOBLI KYATHASANDRA TUMKURU CITY-577 101

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…PETITIONER

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(BY SRI. M.B.RYAKHA, ADVOCATE)

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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AND:

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SRI. B C HEMANTH S/O CHANDRASHEKAR AGED ABOUT 30 YEARS R/AT GOTTRAVALLI ROAD BELUR TOWN-573117 HASANA DISTRICT

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…RESPONDENT

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(BY SRI. SANJAYA KUMAR K N, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC 1908 PRAYING THAT THIS HON'BLE COURT MAY KINDLY BE PLEASED TO I. TRANSFER OF THE M.C. NO.53/2022 WHICH IS

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NC: 2023:KHC:25927 CP No. 36 of 2023

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PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC BELUR TO THE COURT OF 1^ST ADDITIONAL FAMILY COURT AT TUMKURU 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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The captioned civil petition is filed by the petitioner - wife seeking transfer of the divorce proceedings pending on the file of the Senior Civil Judge and JMFC, Belur.

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The petitioner - wife has filed this civil petition

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seeking transfer on the ground that she is not in a position to contest the divorce proceedings initiated by the respondent - husband at Belur. The distance involved is around 190 kilometers. The petitioner - wife pleads that the respondent - husband has deserted her and she filed a petition seeking maintenance and the same is pending consideration at Tumakuru. The petitioner - wife has also claimed that she has to take care of a son, who is hardly 7

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3 - NC: 2023:KHC:25927 CP No. 36 of 2023

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months and therefore, she is not in a position to defend the divorce proceedings.

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This transfer petition is strongly resisted by

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the learned counsel appearing for the respondent - husband. He would contend that the respondent - husband has to take care of his aged parents and therefore, prays to dismiss the petition.

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Having examined the materials on record, I am of the view that the petitioner - wife may face difficulties and hardship in contesting the proceedings at Belur, which is at the distance of 190 kilometers from Tumakuru.

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Bearing in mind the principles laid down by the Hon'ble Apex court in the case of Sumitha Singh vs.

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Kumar Sanjay and another¹ , I am of the view that wife convenience is paramount and therefore, the divorce proceedings pending in M.C.No.53/2022 on the file of the

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1 AIR 2002 SC 396

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NC: 2023:KHC:25927 CP No. 36 of 2023

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Senior Civil Judge and JMFC, Belur needs to be transferred to give a fair opportunity to the petitioner - wife to contest the divorce proceedings.

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For the foregoing reasons, I proceed to pass the following:

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ORDER

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(i) The civil petition is allowed.

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(ii) The divorce proceedings pending in M.C.No.53/2022 on the file of the Senior Civil Judge and JMFC, Belur, is withdrawn and transferred to the I Additional Family Court, Tumakuru.

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(iii) Since petitioner/wife and respondent/ husband are represented by their respective counsel, they are directed to appear before the I Additional Family Court, Tumakuru, on 04.09.2023 without expecting any further notice.

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(iv) The Senior Civil Judge and JMFC, Belur is hereby directed to forthwith remit the

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NC: 2023:KHC:25927 CP No. 36 of 2023

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records to the I Additional Family Court, Tumakuru.

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(v) It is made clear that the petitioner-wife shall co-operate in early disposal of the case. The I Additional Family Court, Tumakuru is directed to expedite the matter if both the parties co-operate for early disposal.

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Sd/JUDGE

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NBM

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List No.: 2 Sl No.: 12

Smt. D Disha v. Sri. B C Hemanth

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Smt. D Disha v. Sri. B C Hemanth

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