Allowed

Smt Deepa v. K W/O Venkatesh F Kolur v Venkateshm S/O Fakirappa Kolur

Karnataka HC19 Apr 2024CP/100082/2023

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's matrimonial case from the Family Court, Bengaluru to Mundagod, citing marital discord, two young children including a mentally retarded child, and lack of independent income. Petition allowed and case transferred.

What did the court decide?

MC No.216/2023 withdrawn from IV Addl. Principal Judge, Family Court, Bengaluru and made over to Prl. Senior Civil Judge, Yellapur sitting at Mundagod for trial.

Smt Deepa v K W/O Venkatesh F Kolur Vs Venkateshm… — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC-D:6570 CP No. 100082 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL CIVIL PETITION NO. 100082 OF 2023

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BETWEEN:

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SMT. DEEPA V. K. W/O. VENKATESH F. KOLUR, AGE ABOUT 36 YEARS, OCC: HOUSE HOLD WORKS, R/O. NOW AT KYASANAKAKERI, TQ: MUNDAGOD, DIST: UTTARA KANNADA-581349.

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…PETITIONER

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(BY SRI. U. G. KATTIMANI, ADVOCATE)

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AND:

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Digitally signed by ROHAN HADIMANI T Location: HIGH COURT OF KARNATAKA

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VENKATESH S/O. FAKIRAPPA KOLUR, AGE: 45 YEARS, OCC: COOLIE, R/O. NO. 237, 5TH C. MAIN ROAD, HRBR LAYOUT, 2ND BLOCK, KALYAN NAGAR, BENGALURU-560042.

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…RESPONDENT

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(NOTICE TO RESPONDENT SERVED)

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, 1908, PRAYING TO TRANSFER THE SAID M.C. NO.216/2023 ON THE FILE OF IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, TO THE JURISDICTIONAL COURT, I.E. PRL. SENIOR CIVIL JUDGE, YELLAPUR, SITTING AT: MUNDAGOD, DIST: UTTARA KANNADA, 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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NC: 2024:KHC-D:6570 CP No. 100082 of 2023

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ORDER

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This petition is filed under Section 24 of CPC seeking to transfer MC No.216/2023 pending on the file of IV Addl. Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, Yellapur sitting at Mundagod.

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Heard the learned counsel Sri.U.G. Kattimani for the petitioner. Though notice of this petition is served on the respondent, he remained absent and placed exparte.

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Learned counsel for the petitioner submits that due to serious marital dispute, the petitioner/wife is residing along with her parents at Kyasanakakeri village of Mundagod taluk and out of the wedlock two children have been born and elder one is mentally retarded child. It is further submitted that the petitioner is a home maker and does not have any independent source of income. Hence, it would be difficult for her to travel to Bengaluru to attend MC No.216/2023. Hence, he seeks to allow the petition.

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I have heard the arguments of learned counsel for

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the petitioner and perused the material available on record. The

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NC: 2024:KHC-D:6570 CP No. 100082 of 2023

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material available on record indicates that there are serious marital discord between the parties which led the petitioner to reside with her parents at Kyasanakakeri village of Mundagod taluk, Uttara Kannada District. The pleading in the petition indicate that out of the wedlock, two children have been born and now they are aged about 7 and 6 years respectively and the first child is mentally retarded. Hence, the petitioner’s presence is required for personal attention to both the children. The material available on record further indicates that petitioner is home maker and does not have any independent source of income. Hence, she has filed a petition seeking maintenance at the competent Court at Mundagod and now the recovery proceedings are pending. Taking note of the likely convenience would cause to petitioner, keeping in mind the distance between the petitioner’s residence and the Court at Bengaluru and family difficulties. I am of the considered view that this is a fit case to allow the petition.

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Hence, I proceed to pass the following:

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ORDER

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a) Civil Petition stands allowed .

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NC: 2024:KHC-D:6570 CP No. 100082 of 2023

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b) MC No.216/2023 pending on the file of IV Addl. Principal Judge, Family Court, Bengaluru is withdrawn from the file of the said Court and made over to the Court of Prl. Senior Civil Judge, Yellapur sitting at Mundagod for trial in accordance with law.

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Sd/JUDGE

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RKM Ct-an List No.: 1 Sl No.: 45

Smt Deepa v. K W/O Venkatesh F Kolur v Venkateshm S/O Fakirappa Kolur

Case brief

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Smt Deepa v. K W/O Venkatesh F Kolur v Venkateshm S/O Fakirappa Kolur

Case brief

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