Allowed

Chaitra B v. Venkatesha Bhovi

Karnataka HC16 Oct 2024CP/102/2022

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's restitution of conjugal rights petition from Hagaribommanahalli to Harihara, citing childcare responsibilities. The court noted two criminal proceedings already pending at Harihara and transferred the matrimonial petition there, also transferring the wife's Davanagere maintenance case to Harihara.

What did the court decide?

M.C.No.37/2021 transferred to Senior Civil Judge and JMFC, Harihara; Crl.Misc.No.142/2023 transferred from Family Court, Davanagere to Harihara.

Chaitra B Vs Venkatesha Bhovi — Matrimonial and Divorce | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:41810 CP No. 102 of 2022

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 16^TH DAY OF OCTOBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE N S SANJAY GOWDA

¶6

CIVIL PETITION NO. 102 OF 2022

¶7

BETWEEN:

¶8

CHAITRA B AGED ABOUT 24 YEARS D/O BASAVARAJAPPA W/O VENAKTESH BHOVI ASHRAYA COLONY Y NAGAPPA BADAVANE HARIHARA, DAVANGARE DISTRICT 577 501

¶9

…PETITIONER

¶10

(BY SRI. SHRUTHI S P., ADVOCATE)

¶11

AND:

¶12

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

¶13

VENKATESHA BHOVI AGED ABOUT 30 YEARS S/O NAGAPPA BHOVI WORKING AS SECURITY GUARD IN SIRA KSRTC R/O NO.83 MADDIKERI ONI M KAMMANAHALLI VILLAGE HADAGALI TQ (BALLARI) VIJAYANAGARA DISTRICT 583 102 NOW R/AT POLICE QUARTERS HOSPETE ROAD HAGARIBOMMANAHALLI TOWN 583 212

¶14

…RESPONDENT

¶15

(BY SRI. H H SHETTY., ADVOCATE)

¶16

THIS CIVIL PETITION IS FILED UNDER SECTION 24 FOF

¶17

THE CODE OF CIVIL LPROCEDURE, 1908 PRAYING THAT THIS

¶18

¶19

NC: 2024:KHC:41810 CP No. 102 of 2022

¶20

HON’BLE COURT TO ALL THE PETITION DIRECTING THE SENIOR CIVIL JUDGE AND JMFC. HAGARI BOMMANAHALLI TO TRANSFER THE MATRIMONIAL PETITION BEARING MC No.37/2021 TO THE SENIOR CIVIL JUDGE AND JMFC., HARIHARA IN THE INTEREST OF JUSTICE AND EQUITY.

¶21

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶22

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

¶23

ORAL ORDER

¶24

The Petitioner is the wife seeking transfer of M.C.No.37/2021 which had been filed by the husband before the Senior Civil Judge and JMFC,

¶25

Hagaribommanahalli for restitution of conjugal rights.

¶26

It is the case of the petitioner - wife that she has a small child to take care of and it would be impossible for her to travel to Hagaribommanahalli to prosecute M.C.No.37/2021.

¶27

Learned counsel for the respondent – husband points out that the wife has, in fact, instituted proceedings for

¶28

¶29

NC: 2024:KHC:41810 CP No. 102 of 2022

¶30

maintenance in Crl.Misc.No.142/2023 before the Family Court at Davanagere. He also submits that there are two criminal proceedings pending before the Court of Harihara in Crime No.132/2021 and Crl.Misc.No.411/2021 for the offences under Section 498(A) of IPC and for the offences under Section 3 and 4 of the Dowry Prohibition Act, respectively.

¶31

In my view, since two proceedings are already pending in Harihara, it would be appropriate to withdraw M.C.No.37/2021 from the file of the Senior Civil Judge and JMFC, Hagaribommanahalli and transfer the same to the Court of the Senior Civil Judge and JMFC, Harihara.

¶32

Since it is also pointed out that the wife had filed a petition claiming maintenance in Crl.Misc.No.142/2023 at Davanagere, it would also be appropriate to withdraw Crl.Misc.No.142/2023 pending on the file of the Family Court, Davanagere and transfer it to the Court of the Senior Civil Judge and JMFC, Harihara. Both the parties

¶33

¶34

NC: 2024:KHC:41810 CP No. 102 of 2022

¶35

shall enter appearance on 11.11.2024 to take further instructions. The petition is accordingly allowed.

¶36

Sd/(N S SANJAY GOWDA) JUDGE

¶37

GSR

¶38

List No.: 1 Sl No.: 24

Chaitra B v. Venkatesha Bhovi

Case brief

What is this about?

What did the court decide?

Chaitra B v. Venkatesha Bhovi

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

Coram

Case details

Similar cases

Mrs Jayanthi Vs the State O F Karnataka

Smt Dhatri Datta Vs Sri Arun P Parameshwaran

Sri. Siddaraju. H Vs United India Insurance Co. Ltd.

Smt Nagamma Vs the Branch Manager

Sri Rangaswamy Vs M/S Bharathi Axa Genl Ins Co.Ltd.

Smt Sreedevi M Vs Sri Nanda Kumar S