Allowed

Smt Vilma D P Alias Keerthi v. Sri Sachin D S Alias Sachin Kumar D S Alias Sachin Kumar

Karnataka HC22 Nov 2024CP/107/2024

Case brief

AI extract

What is this about?

Wife sought transfer of husband's restitution of conjugal rights petition from Sakaleshpura to Somawarpet where her divorce petition and domestic violence case were pending. Respondent unrepresented. Court allowed transfer and directed clubbing of all three proceedings for common trial.

What did the court decide?

MC No.56/2023 transferred from Sakaleshpura to Senior Civil Judge and JMFC, Somawarpet, with direction to club it with MC No.54/2022 and Crl.Misc.No.59/2022.

Smt Vilma D P Alias Keerthi Vs Sri Sachin D S Alias… — Domestic Violence | Karnataka HC (2024)

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1 - NC: 2024:KHC:47653 CP No. 107 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA CIVIL PETITION NO. 107 OF 2024

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BETWEEN:

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SMT VILMA D P @ KEERTHI AGED ABOUT 32 YEARS, W/O SRI. SACHIN KUMAR, D/O D.S. PONNAPPA, R/O CHOWDLU VILLAGE, SOMAVARAPET HOBLI, SOMWARPET TALUK, KODAGU DISTRICT-571236

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…PETITIONER

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(BY SRI. SUMANTH L BHARADWAJ., ADVOCATE)

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AND:

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

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SRI SACHIN D S @ SACHIN KUMAR D S @ SACHIN KUMAR S/O SHANKAREGOWDA, AGED ABOUT 36 YEARS, R/O DODDAKUNDUR VILLAGE AND POST, YESLUR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573127

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…RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO PASS APPROPRIATE ORDER/S DIRECTION/S TO TRANSFER THE PROCEEDINGS IN M.C.No.56/2023 PENDING ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE AND JMFC AT SAKALESHPURA TO THE HON’BLE SENIOR CIVIL JUDGE AND JMFC AT SOMAWARPET, KODAGU, TO BE CLUBBED AND TRIED ALONG WITH M.C.No.54/2022, IN THE INTEREST OF JUSTICE AND EQUITY. A COPY OF THE ORDER SHEET AND THE

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NC: 2024:KHC:47653 CP No. 107 of 2024

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PETITION IN M.C.No.56/2023, PENDING ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE AND JMFC AT SAKALESPURA, ARE HEREWITH SUBMITTED AS ANNEXURES-A AND D RESPECTIVELY.

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

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL ORDER

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On 07.03.2024, the petitioner was permitted to take out notice on the respondent through his counsel in the Trial Court.

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A memo is filed indicating that the copy of the petition was served on the respondent’s counsel.

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On 08.11.2024, the petitioner was directed to inform the respondent’s counsel that the matter will be taken up for disposal on 15.11.2024. When the matter was called today, there is no representation on behalf of the respondent. It is therefore obvious that the respondent have no objection for the petition to be transferred.

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3 - NC: 2024:KHC:47653 CP No. 107 of 2024

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The wife is before this Court seeking transfer of MC No.56/2023 which has been instituted by the husband for restitution of conjugal rights before the Senior Civil Judge and JMFC, Sakaleshpura to the Court of the Senior Civil Judge and JMFC, Somawarpet, Kodagu where the petition that the wife has filed for dissolution of marriage in MC No.54/2022 is pending adjudication.

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In view of the fact that the wife had already preferred a petition seeking dissolution of marriage and it is also stated that she has filed one more petition under the provisions of the Domestic Violence Act is Crl.Misc.No.59/2022. It would be appropriate to withdraw the MC No.56/2023 from the Court of the Senior Civil Judge and JMFC, Sakaleshpura and transfer the same to the Senior Civil Judge and JMFC, Somawarpet, Kodagu.

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The Senior Civil Judge and JMFC, Somawarpet, Kodagu is directed to ensure that MC No.56/2023

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NC: 2024:KHC:47653 CP No. 107 of 2024

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and MC No.54/2022 and also Crl.Misc.No.59/2022 to

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be clubbed and to post it on the same day.

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This petition is accordingly allowed .

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 11

Smt Vilma D P Alias Keerthi v. Sri Sachin D S Alias Sachin Kumar D S Alias Sachin Kumar

Case brief

What is this about?

What did the court decide?

Smt Vilma D P Alias Keerthi v. Sri Sachin D S Alias Sachin Kumar D S Alias Sachin Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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