Allowed

Smt M Vindya Alias Kiranmayi W/O Ravikumar C D v. Sri C D Ravikumar S/O C D Manohar

Karnataka HC6 Jun 2024CP/100020/2024

Case brief

AI extract

What is this about?

Wife sought transfer of husband's divorce petition from Family Court Hubballi to Bellary, where she lives with her parents about 350 km away. Court found jurisdiction and convenience favoured transfer and allowed the petition, directing parties to appear before Family Court Bellary.

What did the court decide?

M.C.No.481/2023 withdrawn from Family Court Hubballi to be presented before Principal Judge, Family Court, Bellary; pending IAs disposed of.

Smt M Vindya Alias Kiranmayi W/O Ravikumar C D Vs… — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:7576 CP No. 100020 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL

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CIVIL PETITION NO.100020/2024

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BETWEEN:

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SMT. M. VINDYA @ KIRANMAYI W/O. RAVIKUMAR C. D., AGE: 34 YEARS, OCC: HOUSEWIFE, C/O: SMT. A RATNAMMA W/O. G. MUKKANNA, H.NO. 21/A, SRI. HARI COLONY, BEHIND KHB COLONY, GANDHINAGAR, BELLARI – 583 101.

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…PETITIONER

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(BY SRI. KUSHAL V BOLMAL, ADVOCATE)

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AND:

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka

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SRI C. D. RAVIKUMAR S/O. C. D. MANOHAR, AGE: 36 YEARS, OCC: ASSISTANT ENGINEER, HESCOM, GOVT: SERVICE, R/O: HIG-29, BEHIND RELIANCE SMART POINT, NAVANAGAR, HUBBALLI – 580 025.

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(BY SRI.ASHOK I BADIGER & SRI.KIRANKUMAR S.CHATTIMATH, ADVOCATES)

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…RESPONDENT

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO WITHDRAW M.C.NO.481/2023 PENDING BEFORE THE HONBLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT HUBBALLI AND MAKE IT OVER TO THE COURT OF HONBLE PRINCIPAL JUDGE, FAMILY COURT, BALLARI, FOR THE PURPOSE OF TRIAL AND DISPOSAL OF THE SAME IN ACCORDANCE OF LAW IN THE INTEREST OF JUSTICE AND EQUITY.

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

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2 - NC: 2024:KHC-D:7576 CP No. 100020 of 2024

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ORDER

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This present petition is by the wife seeking

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transfer of the matter in M.C.No.481/2023 filed by the respondent-husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 seeking dissolution of marriage.

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Marriage of the petitioner with the respondent was solemnized on 05.04.2018 at Bellary. Due to matrimonial discord, dispute arose between the petitioner and the respondent-husband. The petitioner and the respondent are residing separately. Petitioner-wife is residing

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with her parents at Bellary, which is about 350 kms away from Hubballi, where the respondent-husband resides and has now filed the petition seeking dissolution of marriage.

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3. Heard and perused the matter.

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Section 19 of the Hindu Marriage Act, 1955 provides that petition for divorce be filed within the jurisdiction of the Court where the respondent at the time of

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presentation of the petition resides. That apart, petitionerwife is residing 350 kms away from Hubballi.

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3 - NC: 2024:KHC-D:7576 CP No. 100020 of 2024

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5. In view of the above factual and legal aspects of

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the matter, this Court is of the considered view that the present petition in M.C.No.481/2023 pending on the file of Principal Judge, Family Court at Hubballi, be withdrawn and presented before the Court at Principal Judge, Family Court, Bellary, where the petitioner-wife is residing.

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Petition is accordingly allowed.

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Since the parties are represented by their

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respective counsels, they shall appear before the Family Court, Bellary on 25.06.2024 without any further notice.

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In view of the disposal of the main petition, pending IAs. do not survive for consideration and are disposed of.

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SD/JUDGE

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KGK List No.: 1 Sl No.: 32

Smt M Vindya Alias Kiranmayi W/O Ravikumar C D v. Sri C D Ravikumar S/O C D Manohar

Case brief

What is this about?

What did the court decide?

Smt M Vindya Alias Kiranmayi W/O Ravikumar C D v. Sri C D Ravikumar S/O C D Manohar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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