Allowed

Smt Prasavi a N v. Sri Lokesh N

Karnataka HC24 Jul 2023CP/83/2022

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's civil petition under Section 24 of CPC to transfer divorce proceedings from Krishnarajanagara to the Family Court at Hassan. The court reserved liberty for a separate transfer petition concerning restitution of conjugal rights.

What did the court decide?

Divorce proceedings in M.C.No.42/2021 transferred to Family Court, Hassan; liberty reserved for M.C.No.13/2018.

Smt Prasavi a N Vs Sri Lokesh N — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:25623 CP No. 83 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^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.83 OF 2022

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BETWEEN:

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SMT PRASAVI A N W/O LOKESH N AGED ABOUT 38 YEARS PRINCIPAL MORARJI RESIDENTIAL SCHOOL S.ANKANAHALLI VILLAGE HALLI MYSURU HOBLI HOLENARASIPURA TALUK

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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NOW:- PRINCIPAL MORARJI RESIDENTIAL SCHOOL HASSAN HASSAN DISTRICT - 573211

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(BY SRI.CHINMYA K, ADVOCATE FOR SRI.RAJARAM SOORYAMBAIL, ADVOCATE) AND:

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…PETITIONER

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SRI LOKESH N S/O NARAYANA RAO K AGED ABOUT 36 YEARS ARKANANTHA ROAD K.R. NAGAR TOWN - 571602

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…RESPONDENT

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(BY SRI. VEDAVATHI H T, ADVOCATE)

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NC: 2023:KHC:25623 CP No. 83 of 2022

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THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC TO ALLOW THE CIVIL PETITION AND TRANSFER THE M.C.NO.13/2018 AND MC NO. 42/2021 PENDING BEFORE THE COURT AT SENIOR CIVIL JUDGE AND JMFC, KRISHNARAJANAGARA TO THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, HASSAN DISTRICT AND KINDLY DIRECT THE COURT BELOW TO CLUB THE AFORESTATED MATTERS AND HEAR THE MATTERS TOGETHER AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT MAY DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CIVIL 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

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proceedings initiated by the respondent - husband in M.C.No.42/2021 at Krishnarajanagara.

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The petitioner - wife claims that on account of

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marital discord and ill-treatment, she is compelled to return to her parental house at Honenarasipura and now, she is residing at Hassan. The petitioner - wife claims that

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she is serving as a Principal in Morarji Desai Residential School at Hassan. The petitioner - wife contends that she

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3 - NC: 2023:KHC:25623 CP No. 83 of 2022

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has to take care of her minor daughter and therefore, she is not in a position to contest the proceedings at Krishnarajanagara, which is at the distance of 70 kilometers.

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Learned counsel appearing for respondent - husband on instructions submits that he has no objection to transfer the divorce proceedings from the Court of Senior Civil Judge and JMFC, Krishnarajanagara to the Family Court, Hassan.

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In the light of the submissions made by the learned counsel appearing for respondent - husband and bearing in mind the principles laid down by the Hon'ble Apex Court in the case of Sumitha Singh vs. Kumar Sanjay and another¹ , I deem it fit to transfer the divorce proceedings pending in M.C.No.42/2021 on the file of Senior Civil Judge and JMFC, Krishnarajanagara.

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1 AIR 2002 SC 396

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NC: 2023:KHC:25623 CP No. 83 of 2022

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This captioned civil petition is filed seeking transfer of the proceedings pending in both M.C.No.13/2018 and M.C.No.42/2021. The petitioner cannot seek transfer of the proceedings pending in M.C.No.13/2018 and M.C.No.42/2021 by filing one similar petition. At this juncture, the learned counsel appearing for the petitioner - wife would restrict the prayer and seek transfer of divorce proceedings pending in M.C.No.42/2021.

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However, liberty is sought to file a separate transfer petition seeking transfer of the petition pending in M.C.No.13/2018 on the file of the Senior Civil Judge and JMFC, Krishnarajanagara for restitution of conjugal rights.

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In the light of the aforesaid reasons, I proceed

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to pass the following;

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ORDER

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(i) The civil petition is allowed.

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5 - NC: 2023:KHC:25623 CP No. 83 of 2022

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(ii) The divorce proceedings pending in M.C.No.42/2021 on the file of the Senior Civil Judge and JMFC, Krishnarajanagara is withdrawn and transferred to the Family Court at Hassan.

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(iii) Since petitioner/wife and respondent/ husband are represented by their respective counsel, they are directed to appear before the Family Court, Hassan, on 21.08.2023 without expecting any further notice.

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(iv) The Senior Civil Judge and JMFC, Krishnarajanagara is hereby directed to forthwith remit the records to the Family Court, Hassan.

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(v) Liberty is reserved to the petitioner - wife to file an independent separate civil petition seeking transfer of the restitution of conjugal rights petition filed in M.C.No.13/2018 on the file of the Senior Civil Judge and JMFC, Krishnarajanagara.

Sd/-

JUDGE

NBM

List No.: 2 Sl No.: 8

Smt Prasavi a N v. Sri Lokesh N

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Smt Prasavi a N v. Sri Lokesh N

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