Allowed

Smt Shashikala v. Sri Ravichandra @ Ravichandra Reddy N

Karnataka HC7 Jul 2023CP/44/2023

Case brief

AI extract

What is this about?

Petitioner wife sought transfer of pending divorce proceedings to her district where a restitution petition is pending, citing care for minor children. Court allowed transfer, directed record remittal, and ordered speedy disposal within six months.

What did the court decide?

Divorce proceedings (M.C.No.5059/2019) transferred from III Addl. District and Sessions Judge, Anekal to Senior Civil Judge and JMFC/Family Court, Gowribidanur with a direct disposal timeline of six m

Smt Shashikala Vs Sri Ravichandra @ Ravichandra… — Matrimonial and Divorce | Karnataka HC (2023)

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1 - NC: 2023:KHC:23507 CP No. 44 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL PETITION NO. 44 OF 2023

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BETWEEN:

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SMT. SHASHIKALA, W/O. SRI. RAVICHANDRA @ RAVICHANDRA REDDY N., D/O. SRI. NARASIMHA REDDY, AGED ABOUT 41 YEARS, R/AT. KUNTA CHIKKANAHALLI VILLAGE, THONDE BAVI HOBLI, GOWRIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT.

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…PETITIONER

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(BY SMT. T. R. RAJESHWARI., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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SRI. RAVICHANDRA @ RAVICHANDRA REDDY N., AGED ABOUT 43 YEARS, R/AT ATTIBELE VILLAGE, ATTIBELE-ANEKAL MAIN ROAD, NEAR PUNJAB NATIONAL BANK, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 107.

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…RESPONDENT

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(BY SRI. ABHINAY. Y. T., ADVOCATE)

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NC: 2023:KHC:23507 CP No. 44 of 2023

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO A) WITHDRAW THE CASE M.C NO. 5059/2019, PENDING FILE OF THE III ADDL, DISTRICT AND SESSIONS JUDGE, ANEKAL AND TRANSFER THE SAME FOR TRAIL AND DISPOSAL TO SENIOR CIVIL JUDGE AND JMFC/FAMILY COURT, AT GOWRIBIDANUR.

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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 wife, seeking transfer of divorce proceedings pending in M.C.No.5059/2019 on the file of III Addl. District and Sessions Judge, Anekal to Senior civil Judge and JMFC/Family Court, Gowribidanur.

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The respondent/husband has initiated divorce proceedings against the petitioner/wife. The

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petitioner/wife is seeking transfer of proceedings from Anekal to Gowribidanur on the premise that she is not in a position to contest the divorce proceedings at Anekal. She further claims that she has to take care of two kids and one of them is mentally retarded. The petitioner/wife,

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NC: 2023:KHC:23507 CP No. 44 of 2023

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while seeking transfer, has also taken a contention that she has filed a restitution petition and the same is pending in M.C.No.40/2019 and therefore, transfer is sought on these grounds.

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Learned counsel for the respondent/husband would bring to the notice of this Court that the respondent/husband has already tendered his examination-in-chief and it is for the learned counsel for the petitioner/wife to cross-examine. However, he would contend that since divorce proceedings are pending consideration since 2019, he has no objection to transfer the proceedings pending in M.C.No.5059/2019. However, having consented for transfer, he would persuade this Court to fix a time line for disposal.

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If the wife has filed a restitution petition and the respondent/husband has filed a petition seeking dissolution of marriage, then it is always advisable that both petitions are heard together to avoid conflicting judgments. On this count, this Court is of the view that the

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4 - NC: 2023:KHC:23507 CP No. 44 of 2023

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divorce proceedings are liable to be transferred to Gowribidanur, where a petition seeking restitution filed by wife is pending consideration. I have also taken cognizance of the fact that the wife has to take care of two kids and one of them is mentally retarded, which is not seriously disputed by the respondent/husband.

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For the reasons stated supra, 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 in M.C.No.5059/2019 pending on the file of

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III Addl. District and Sessions Judge, Anekal is withdrawn and transferred to Senior Civil Judge and JMFC/Family Court, Gowribidanur.

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respondent/husband are represented by

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5 - NC: 2023:KHC:23507 CP No. 44 of 2023

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their respective counsel, they are directed to appear before the Senior Civil Judge and JMFC/Family Court, Gowribidanur, on 10.08.2023 without expecting any further notice

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iv. The III Addl. District and Sessions Judge, Anekal is hereby directed to forthwith remit the records to the Senior Civil Judge and JMFC/Family Court, Gowribidanur.

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v. The Senior Civil Judge and JMFC/Family Court, Gowribidanur, shall expedite hearing of both petitions and decide the same within an outer limit of six months. It is made clear that the petitioner/wife shall cooperate and shall not drag on the matter by seeking unnecessary adjournments.

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hdk

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Sd/JUDGE

Smt Shashikala v. Sri Ravichandra @ Ravichandra Reddy N

Case brief

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What did the court decide?

Smt Shashikala v. Sri Ravichandra @ Ravichandra Reddy N

Case brief

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