Allowed

Smt.Vijayalaxmi v. Rajasehkar Desai

Karnataka HC3 Mar 2023CP/56/2023

Case brief

AI extract

What is this about?

The Court allowed a transfer petition seeking to move matrimonial divorce proceedings from Bengaluru to Kalaburagi due to the petitioner's residence, lack of income, sole care of an autistic minor child, and the hardship of travel. An expedited disposal timeline was also set for related custody matters.

What did the court decide?

Matrimonial proceedings in MC.No.4088/2021 were transferred from V Additional Principal Judge, Family Court, Bengaluru to the Principal District Judge, Family Court, Kalaburagi, with an order for expe

Smt.Vijayalaxmi Vs Rajasehkar Desai — Child Custody and Guardianship | Karnataka HC (2023)

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CP No. 56 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO.56 OF 2023

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BETWEEN:

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SMT.VIJAYALAXMI W/O.RAJASHEKHAR DESAI AGED ABOUT 36 YEARS RESIDING AT PLOT NO 31 SIDDRAMA KRUPA SADASHIVANAGARA OPP. TO P & T QUARTERS OLD JEWARGI GULBARGA – 585 102

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… PETITIONER

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(BY SMT.NIRMALA K., ADVOCATE)

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AND:

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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RAJASEHKAR DESAI S/O.NEELAKANTH G.DESAI AGED ABOUT 42 YEARS RESIDING AT ASTER 301 ESTEEM GARDENIA APARTMENTS E-BLOCK, SAHAKARNAGAR BENGALURU – 560 092

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(BY SMT.RAJESHWARI M., ADVOCATE)

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… RESPONDENT

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE PEIITION FOR DIVORCE PENDING IN M.C.NO.4088/2021 ON THE FILE OF V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU CITY, BENGALURU TO THE PRINCIPAL DISTRICT JUDGE, FAMILY COURT AT KALABURAGI AND ETC.

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CP No. 56 of 2023

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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.4088/2021 filed for dissolution of marriage pending on the file of V Additional Principal Judge, Family Court at Bengaluru to the Principal District Judge, Family Court at Kalaburagi.

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It is the contention of learned counsel for petitioner that the petition preferred by the husband is at Bengaluru, which is at about 571 kms. from Kalaburagi. He further contends that since the petitioner is residing with her widowed mother and a minor child, who is a autistic child and she is not having any source of income and she would also incur huge expenditure on her stay, accommodation and food, to appear for the Court proceedings at Bengaluru. Therefore, it would cause difficulty and hardship to the wife to travel from Kalaburagi to Bengaluru. Hence, she seeks to transfer the petition filed by the husband before the Family Court at Bengaluru to the Family Court at Kalaburagi.

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CP No. 56 of 2023

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Since the petitioner is having a minor child, who is an autistic child, I do not find any legal impediment to transfer the

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case pending before the Family Court at Bengaluru in MC.No.4088/2021 to the Family Court at Kalaburagi for adjudication. It is also apparently seen that less amount of hardship would be caused to the respondent-husband in traveling to Kalaburagi to attend the aforesaid cases rather than the wife attending the case at Bengaluru preferred by the respondent-husband seeking divorce.

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

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ii) The matrimonial proceedings in MC.No.4088/2021 filed for divorce pending on the file of V Additional Principal Judge, Family Court at Bengaluru, is

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CP No. 56 of 2023

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ordered to be transferred to the Principal District Judge, Family Court at Kalaburagi;

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iii) In view of direction being given in earlier writ petition in WP.No.26078/2022 to the Family Court at Kalaburagi to dispose of the application preferred by the respondent-husband for considering the custody rights/visitation rights and the same having not been considered for whatsoever reasons and there being stay granted by this Court, on the matter being transferred, learned Family Judge shall dispose of the application expeditiously within an outer limit of two months from the date of receipt of a copy of this order.

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In view of disposal of the petition, pending interlocutory application does not survive for consideration and the same stands consigned to records.

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Sd/JUDGE

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Smt.Vijayalaxmi v. Rajasehkar Desai

Case brief

What is this about?

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Smt.Vijayalaxmi v. Rajasehkar Desai

Case brief

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