Allowed

Geetha P a v. B N Anil Kumar

Karnataka HC19 Dec 2023CP/88/2022

Case brief

AI extract

What is this about?

Court allowed a transfer petition filed by a non-working wife under Section 24 of CPC. She sought transfer of an ongoing maintenance petition from Chikkaballapura to Bengaluru due to travel difficulties. The husband consented to the transfer.

What did the court decide?

Civil Petition filed under Section 24 of CPC allowed; proceedings in M.C. No. 81/2021 directed to be transferred to Family Court Bengaluru.

Geetha P a Vs B N Anil Kumar — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:46339 CP No. 88 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT

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CIVIL PETITION NO. 88 OF 2022

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BETWEEN:

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GEETHA P A AGED ABOUT 29 YEARS R/AT NO.20, KAVI KESHI RAJA ROAD, SRINAGAR, BANASHANKARI 1^ST STAGE BENGALURU-560050. …PETITIONER (BY SMT. LATHA SHETTY, ADV.)

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AND:

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Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA

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B N ANIL KUMAR AGED ABOUT 34 YEARS S/O H.S. NANDAKUMAR R/AT NO.74/F, 17^TH A CROSS 4^TH STAGE, 4^TH BLOCK WEST OF CHORD ROAD BASAVESHWARA NAGAR BENGALURU- 560079.

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…RESPONDENT

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(BY SRI. RAVI KUMAR M. B., ADV.)

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THIS PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO A) TRANSFER M.C.81/2021 PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKABALLAPURA TO FAMILY COURT BENGALURU. AND B) PASS ANY APPROPRIATE ORDER/S AS DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2023:KHC:46339 CP No. 88 of 2022

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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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Petitioner, wife of respondent is before this Court under Section 24 of CPC with a prayer to transfer M.C.No.81/2021 pending on the file of the Principal Judge, Family Court at Chikkaballapura to the Family Court at Bengaluru.

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Heard the learned counsel Smt.Latha Shetty for petitioner/wife and learned counsel Sri.J.M.Patil for Sri.Ravi Kumar.M.B., learned counsel for respondent/husband. Perused the Civil Petition papers.

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It is submitted that marriage of the petitioner and respondent was solemnized on 14.10.2016 and from the marriage, they have one child. It is further submitted that respondent/husband initiated M.C.No.81/2021 on the file of the Principal Judge, Family Court at Chikkaballapura under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 for dissolution of marriage. Further, it is submitted

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NC: 2023:KHC:46339 CP No. 88 of 2022

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that petitioner/wife is not working and she has no income

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of here own. Hence, she prays for transfer of petition from Chikkaballapura to Bengaluru, since she would not be in a position to travel from Bengaluru to Chikkaballapura.

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Per contra, learned counsel Sri.J.M.Patil for Sri.Ravi Kumar.M.B., learned counsel for respondent/husband would submit that respondent/husband has no objection to transfer M.C.No.81/2021 pending before the Family Court at Chikkaballapura to the Family Court at Bengaluru.

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Taking note of the above submission, the

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following:

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ORDER

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1. Civil Petition filed under Section 24 of CPC is allowed.

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1. The proceedings in M.C.No.81/2021

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pending on the file of the Principal Judge Family Court at Chikkaballapura is directed

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4 - NC: 2023:KHC:46339 CP No. 88 of 2022

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to be transferred to the Court of Principal Judge, Family Court at Bengaluru for further consideration in accordance with

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law.

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Sd/JUDGE

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NC CT:bms List No.: 1 Sl No.: 39

Geetha P a v. B N Anil Kumar

Case brief

What is this about?

What did the court decide?

Geetha P a v. B N Anil Kumar

Case brief

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What did the court decide?

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