Dismissed

Smt Anitha B S v. Sri Ravichandra

Karnataka HC23 Feb 2023CP/376/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka at Bengaluru dismissed a civil petition filed by the wife seeking transfer of divorce proceedings from Shorapur to Bengaluru. The court held the transfer unnecessary as parties settled amicably and agreed to resume confugal life.

What did the court decide?

The civil petition for transfer of proceedings is dismissed; parties are free to withdraw the matrimonial proceedings.

Smt Anitha B S Vs Sri Ravichandra — Matrimonial and Divorce | Karnataka HC (2023)

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CP No. 376 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF FEBRUARY, 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. 376 OF 2022

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BETWEEN:

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SMT ANITHA B S WIFE OF SRI RAVICHANDRA AGED ABOUT 31 YEARS R/AT NO.18, 5TH MAIN, 2ND CROSS NEAR BJP OFFICE MALLESHPALYA NEW THIPPASANDRA BENGALURU NORTH BENGALURU-560075

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…PETITIONER

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(BY SRI. PRABHAKARA K L., ADVOCATE)

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AND:

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Digitally signed 1. SRI RAVICHANDRA by VINUTHA M Location: HIGH SON OF SRI. BASAVANTRAYA HANDRAL COURT OF AGED ABOUT 37 YEARS KARNATAKA R/O KALLADEVANAHALLI HUNASIGI TALUK YADGIRI-585215 PRESENTLY WORKING AT HCL TECHNOLOGIES LTD SPECIAL ECONOMIC ZONE TOWER-2, JIGANI 129 BOMMASANDRA JIGANI LINK ROAD INDUSTRIAL AREA BENGALURU-560105

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…RESPONDENT

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(BY SRI. MAHALINGAIAH H.H., ADVOCATE)

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CP No. 376 of 2022

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THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO TRANSFER THE CASE VIDE M.C.NO.53/2021 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHORAPUR, YADGIRI DISTRICT TO FAMILY COURT AT BENGALURU CITY WHICH WAS FILED BY THE RESPONDENT AGAINST THE PETITIONER HEREIN FOR DISSOLUTION OF MARRIAGE SOLEMNIZED ON 22/05/2013 FOR PROPER ADJUDICATION OF THE MATTER.

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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 filed by the wife seeking for a transfer of the matrimonial proceedings in M.C.No.53/2021 pending on the file of the Senior Civil Judge and JMFC, Shorapur, Yadgiri District to the Family Court at Bengaluru City.

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The aforesaid family matrimonial proceedings was preferred by the respondent-husband under Section 13 of the Hindu Marriage Act for divorce.

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Pursuant to filing of this transfer petition, both the parties have filed the joint affidavit and they are also physically present before the Court along with their respective counsel. The parties are identified by their respective counsel. Petitioner before this Court, who is the wife of the respondent, seeks to withdraw this Civil Petition on the ground that the respondent-

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CP No. 376 of 2022

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husband who had preferred the matrimonial proceedings in M.C.No.53/2021 has agreed to withdraw the matrimonial proceedings and they have amicably settled their dispute and are willing to reunite and live together by forgetting the dispute or the difference that arose between them.

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It is stated in the joint affidavit that respondenthusband would withdraw the matrimonial proceedings in M.C.No.53/2021 pending on the file of the Senior Civil Judge and JMFC, Shorapur, Yadgiri District. It is also stated that in anticipation of divorce coming through the proceedings which he has filed before the Court at Shorapur, he had registered his details in the Lingayath Matrimony website and the same has been deleted from the said website portal.

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Placing the submissions of both the parties who are physically present before the Court and also the joint affidavit signed by them, the present petition would not survive for consideration any more as the parties have amicably resolved their dispute to join together to resume their conjugal rights.

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In view of the same, the Civil Petition is dismissed. The parties are at liberty to move the family Court for

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CP No. 376 of 2022

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withdrawal of the proceedings in M.C.No.53/2021 pending on the file of the Senior Civil Judge and JMFC, Shorapur, Yadgiri

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District.

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Sd/JUDGE

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VM List No.: 1 Sl No.: 8

Smt Anitha B S v. Sri Ravichandra

Case brief

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Smt Anitha B S v. Sri Ravichandra

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