Dismissed

Smt. Tanushri W/O. Chandrashekhar Karidyamannavar, v. Chandrashekhar S/O. Nagappa Karidyamannavar

Karnataka HC12 Feb 2024CP/100079/2023

Case brief

AI extract

What is this about?

The petitioner sought to transfer a divorce petition pending before the Family Court, Haveri to the court at Hanagal under Section 24 CPC. The Court dismissed the petition, holding that the grounds did not justify transfer and that the Family Court in Haveri had jurisdiction over the entire district.

What the court decided

AI extract

Smt. Tanushri W/O. Chandrashekhar Karidyamannavar… — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:3395 CP No. 100079 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V.SRISHANANDA

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CIVIL PETITION NO.100079 OF 2023

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BETWEEN:

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SMT. TANUSHRI W/O. CHANDRASHEKHAR KARIDYAMANNAVAR, AGE. 28 YEARS, OCC. HOUSEHOLD WORK, R/O. SHIVABASAVANAGAR, HAVERI, TALUK AND DIST. HAVERI, PRESENTLY R/O: SMT. PREMAKKA W/O. GURUPADAPPA KABANUR, RESIDING AT DEVARAHOSAPETHE, TALUK. HANAGAL, DIST. HAVERI-581203.

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…PETITIONER

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(BY SRI. G.S. KAMBLE, ADVOCATE AND SRI. S.S. DODALIGANNAVAR, ADVOCATE)

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AND:

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Digitally signed byBHARATHI BHARATHI H M H M Date: 2024.02.21 11:56:51 +0530

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CHANDRASHEKHAR S/O. NAGAPPA KARIDYAMANNAVAR, AGE. 32 YEARS, OCC. PRIVATE SERVICE, RESIDING AT: SHIVABASAVANAGAR, HAVERI, TALUK AND DIST. HAVERI-581110.

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…RESPONDENT

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(BY SRI. SACHIN C.ANGADI, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO 1) WITHDRAW M.C. NO.226/2022 FILED U/S 13(1) (1A) (1B) OF THE HINDU MARRIAGE ACT, PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI AND TRANSFER THE SAME TO PRINCIPAL SENIOR CIVIL JUDGE HANAGAL HAVING JURISDICTION TO TRY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY.

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2 - NC: 2024:KHC-D:3395 CP No. 100079 of 2023

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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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Heard Shri. G. S. Kamble, learned counsel for petitioner and Shri. Sachin C. Angadi, learned counsel for respondent.

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Petition under Section 24 of the Code of Civil Procedure, 1908 is filed with the following prayer:

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“Wherefore, the petitioner prays that this Hon’ble Court may be pleased to

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1) WITHDRAW M.C. No.226/2022 filed u/s.13(1)(1A)(1B) of the Hindu Marriage Act pending before the Principal Judge, Family Court, Haveri and transfer the same to Principal Senior Civil Judge, Hanagal having jurisdiction to try the same in the interest of justice and equity.

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2) PASS any other order of direction at this Hon’ble Court deem just and proper under the facts and circumstances of the case including award of costs in the interest of justice and equity.”

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Divorce petition is filed by the respondent which is

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now pending in M.C. No.226/2022 on the file of learned

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3 - NC: 2024:KHC-D:3395 CP No. 100079 of 2023

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Principal Judge Family Court, Haveri. Said petition is sought to

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be transferred to learned Principal Senior Civil Judge, Hanagal.

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Grounds urged in the petition do not make out the case to transfer M.C. No.226/2022. More over the Family Court at Haveri has got jurisdiction for entire Haveri District to entertain the divorce petition.

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Accordingly, the prayer made by the petitioner

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cannot be granted.

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Hence, the following order is passed:

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ORDER

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Petition is dismissed.

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Sd/JUDGE

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SMM List No.: 3 Sl No.: 29

Smt. Tanushri W/O. Chandrashekhar Karidyamannavar, v. Chandrashekhar S/O. Nagappa Karidyamannavar

Case brief

What is this about?

What the court decided

Smt. Tanushri W/O. Chandrashekhar Karidyamannavar, v. Chandrashekhar S/O. Nagappa Karidyamannavar

Case brief

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