Allowed

Usha Bai. K v. Harish. G

Karnataka HC3 Aug 2023CP/70/2023

Case brief

AI extract

What is this about?

The High Court allowed a civil petition under Section 24 of CPC for transfer of a pending Maintenance Petition from the Family Court, Mysuru, to the Family Court, Bengaluru, considering the inconvenience and hardship to the wife and child residing in Bengaluru due to the husband's litigation there.

What did the court decide?

M.C.No.317/2020 pending before I Additional Principal Judge, Family Court, Mysuru is directed to be transferred to Family Court, Bengaluru.

Usha Bai. K Vs Harish. G — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:27301 CP No. 70 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 AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT CIVIL PETITION NO. 70 OF 2023

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BETWEEN:

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USHA BAI K. W/O HARISH G. AGED ABOUT 34 YEARS, RESIDING AT NO.74, 19^TH CROSS, 20^TH MAIN, SMS LAYOUT, J P NAGAR 5^TH PHASE, BENGALURU-560078.

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…PETITIONER (BY SRI SURESH J, ADV.)

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AND:

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Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA

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HARISH G. S/O LATE GNANESHWARA RAO THANGE, AGED ABOUT 35 YEARS, R/AT NO.1442, 4^TH MAIN ROAD, MANDI MOHALLA, MYSURU-570021. …RESPONDENT (BY SRI VYSHAK P.N., ADV. FOR SRI BHARGAVA D. BHAT, ADV.)

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THIS PETITION FIELD UNDER SECTION 24 OF THE CPC, PRAYING TO ORDER FOR TRANSFER OF THE MC PETITION, WHICH IS PENDING ON THE FILE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU IN MC. NO.317/2020 TO THE FAMILY COURT, BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:27301 CP No. 70 of 2023

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ORDER

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This petition is filed under Section 24 of CPC with a prayer to transfer M.C.No.317/2020 pending on the file of I Additional Principal Judge, Family Court Mysuru to Family Court at Bengaluru.

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Heard learned counsel Sri.Suresh J for petitioner and learned counsel Sri.Vyashak P.N. for Sri.Bhargav D. Bhat, learned counsel for respondent. Perused the civil petition papers.

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Learned counsel for the petitioner would submit that the marriage of petitioner and respondent was solemnized on 08.05.2016 at Mysuru. From the marriage, they have a child aged 7 years. The petitioner/wife is working on temporary basis as a Teacher in a Private School at Bengaluru. The respondent/husband has instituted a petition under Section 13(1)(i-a) of Hindu Marriage Act, 1955 seeking dissolution of marriage before the I Additional Principal Judge, Family Court, Mysuru.

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NC: 2023:KHC:27301 CP No. 70 of 2023

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4. While considering a petition under Section 24 of CPC,

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the inconvenience and hardship that would be caused to the wife and child are to be looked into. Taking note of the fact that the wife and child are at Bengaluru, it would be appropriate for this Court to transfer the M.C. petition instituted by the respondent/husband for dissolution of marriage before the I Additional Principal Judge, Family Court at Mysuru to the Family Court at Bengaluru.

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Accordingly, the petition is allowed.

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M.C.No.317/2020 pending on the file of I Additional Principal Judge, Family Court, Mysuru is directed to be transferred to Family Court at Bengaluru for further consideration in accordance with law.

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Sd/JUDGE

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MPK CT:bms List No.: 1 Sl No.: 50

Usha Bai. K v. Harish. G

Case brief

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Usha Bai. K v. Harish. G

Case brief

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