Allowed

Bhavani W/O. Shrikrishna Gouda v. Shrikrishna Putte Gouda

Karnataka HC29 Jan 2024CP/100080/2022

Case brief

AI extract

What is this about?

This High Court order allowed a transfer petition. The court directed a pending matrimonial case to be transferred from the Sirsi court to the Sagar court to be tried alongside a related maintenance petition already filed before the Sagar court, finding this arrangement meets the ends of justice.

What did the court decide?

Transfer of M.C. No.9/2021 from Sirsi to Sagar court to be tried along with Criminal Miscellaneous No.37/2020.

Bhavani W/O. Shrikrishna Gouda Vs Shrikrishna… — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:2021 CP No. 100080 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V.SRISHANANDA

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CIVIL PETITION NO.100080 OF 2022

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BETWEEN:

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BHAVANI W/O. SHRIKRISHNA GOUDA, AGE. 42 YEARS, OCC. HOUSEHOLD, R/O. DODDABAILU, PO. NAGAVALLI, TQ. SAGAR, DIST. SHIVAMOGGA.

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…PETITIONER

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(BY SRI. A.P. HEGDE JANMANE, ADVOCATE)

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AND:

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SHRIKRISHNA PUTTE GOUDA, AGE. 44 YEARS, OCC. DRIVER, R/O. SHREE RAM COLONY, RAMANABAIL, SIRSI, UTTARA KANNADA DISTRICT.

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…RESPONDENT

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(NOTICE SERVED TO RESPONDENT)

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Digitally signed by SAMREEN SAMREEN AYUB AYUB DESHNURDate: DESHNUR 2024.02.09 17:16:50 +0530

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO PASS AN ORDER DIRECTING FOR TRANSFER OF M.C.NO.9/2021 FROM SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, COURT SIRSI OF UTTARA KANNADA DISTRICT TO SENIOR CIVIL JUDGE COURT, SAGAR OF SHIVAMOGGA DISTRICT IN THE ENDS 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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2 - NC: 2024:KHC-D:2021 CP No. 100080 of 2022

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ORDER

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Shri. V. M. Malali, learned counsel for the petitioner has filed memo with acknowledgement for having served the notice on the advocate who represents the respondent herein in the Trial Court.

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Notice of this petition was also served on the respondent earlier, but he remained absent.

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

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“Hence petitioner respectfully prays to:-

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a) Pass an order directing for transfer of M.C. No.9/2021 from Senior Civil Judge and Principal JMFC Court, Sirsi of Uttara Kannada District to Senior Civil Judge Court, Sagar of Shivamogga District in the ends of justice and equity.

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b) Costs of this petition and such other appropriate reliefs deemed fit and proper in the circumstances of the case, in the ends of justice.”

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Facts in brief which utmost necessary for disposal of the present petition are as under:

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4.1. Petitioner herein has filed the petition under Section

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125 of the Code of Criminal Procedure, 1973, seeking an order

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3 - NC: 2024:KHC-D:2021 CP No. 100080 of 2022

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of grant of maintenance which is now pending in Criminal Miscellaneous No.37/2020 on the file of Senior Civil Judge Court, Sagar, Shivamogga District.

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As a counter blast, the respondent Shrikrishna Putte Gouda, has filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the file of Senior Civil Judge and Principal JMFC Court, Sirsi of Uttara Kannada District which is now pending in M.C. No.9/2021.

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Taking note of the fact that the filing of maintenance petition by the wife on the file of Senior Civil Judge Court, Sagar, Shivamogga District is earlier in the time line and also taking note of the fact that she has got a son to maintain, directing the pending matrimonial case in M.C. No.9/2021 to be tried along with Criminal Miscellaneous No.37/2020, would meet the ends of justice.

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7. Accordingly, the following order is passed:

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ORDER

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(i) Petition allowed.

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(ii) Pending matrimonial case in M.C.

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No.9/2021 pending on the file of Senior Civil Judge

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4 - NC: 2024:KHC-D:2021 CP No. 100080 of 2022

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and Principal JMFC Court, Sirsi, Uttara Kannada District, is ordered to be transferred to Senior Civil Judge Court, Sagar of Shivamogga District, to be tried along with Criminal Miscellaneous No.37/2020.

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(iii) Ordered accordingly.

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Sd/JUDGE

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SMM List No.: 2 Sl No.: 30

Bhavani W/O. Shrikrishna Gouda v. Shrikrishna Putte Gouda

Case brief

What is this about?

What did the court decide?

Bhavani W/O. Shrikrishna Gouda v. Shrikrishna Putte Gouda

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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