Cross transfer petitions by a husband and wife under Section 24 CPC seeking relocation of their competing matrimonial cases between Tiptur and Bengaluru. As the wife had shifted her residence from Tiptur to Bengaluru, the court allowed the husband's petition and dismissed the wife's.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD CIVIL PETITION NO. 122 OF 2024 C/W CIVIL PETITION NO. 463 OF 2022
IN CP 122/2024
BETWEEN:
SRI KISHORE P S S/O SIDDAGANGA MURTHY P AGED ABOUT 32 YEARS R/AT NO.410, BHEL LAYOUT 2ND STAGE.EXTN. PATTANAGERE SOUTH RAJA RAJESHWARI NAGAR BANGALORE-560098
…PETITIONER
(BY SMT. T R RAJESHWARI.,ADVOCATE)
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
AND:
SMT MEGHANA T M D/O MANJUNATHA T.S., W/O KISHORE P S AGED ABOUT 29 YEARS R/AT NO.19, 2ND FLOOR 22ND MAIN ROAD 7TH CROSS, HSR SECTOR-1 BANGALORE-560102
…RESPONDENT
(BY SRI.K.KALYAN BASAVARAJ., ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING T TO 1. WITHDRAW THE CASE IN M.C. NO. 82/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE, TIPTUR AND TRANSFER THE SAME FOR TRIAL AND DISPOSAL TO FAMILY COURT, NYAYA DEGULA AT BANGALORE CITY. 2 PASS SUCH OTHER ORDER OR ORDERS AS THIS HONBLE COURT DEEMS FIT AND NECESSARY, IN THE INTEREST OF JUSTICE AND EQUITY.
IN CP 463/2022
BETWEEN:
SMT MEGHANA T M D/O MANJUNATHA T.S., W/O KISHORE P S AGED ABOUT 27 YEARS R/AT TMC 186/A, NEHRU COLONY YELEASARA, TIPTUR TOWN TUMKUR DISTRICT-572201.
…PETITIONER
(BY KALYA S BASAVARAH,ADVOCATE)
AND:
SRI KISHORE P S S/O SIDDAGANGA MURTHY P AGED ABOUT 30 YEARS R/AT NO.410, BHEL LAYOUT 2ND STAGE.EXTN. PATTANAGERE SOUTH RAJA RAJESHWARI NAGAR BANGALORE-560098
…RESPONDENT
(BY SMT.T.R RAJESHWARI, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO ALLOW THIS CIVIL PETITION AND
TRANSFER THE PETITION FILED BY THE RESPONDENT FOR DIVORCE IN M.C. NO.858/2022 PENDING ON THE FILE OF THE VI ADDL. PRL. JUDGE, FAMILY COURT, BANGALORE TO THE HON’BLE PRINCIPAL JUDGE FAMILY COURT, BANGALORE TO THE HON.BLE PRINCIPAL JUDGE . FAMILY COURT, TIPTUR IN THE INTEREST OF JUCSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Section 24 of CPC seeking for transfer of M.C.No.82/2022
pending on the file of the Senior Civil Judge and JMFC, Tiptur to the VI Additional Family Judge, Family Court, Bengaluru.
24 of CPC seeking for transfer of M.C.No.858/2022
pending on the file of the VI Additional Family Judge, Family Court, Bengaluru to the Senior Civil Judge and JMFC, Tiptur.
dispute and parties, both the petitions are clubbed, heard together and are being disposed of by this common order.
that the husband filed M.C.No.858/2022 before the VI Additional Family Judge, Family Court, Bengaluru for divorce and wife also filed M.C.No.82/2022 before the Senior Civil Judge and JMFC, Tiptur for Restitution of Conjugal Rights. He further contended that the wife had shifted her residence from Tiptur to Bengaluru. Since the wife is shifted to Bengaluru, it is convenient for both husband and wife to prosecute the case in Bengaluru. Hence, he sought for allowing the petition filed by the husband.
for her to travel a distance of 150 kms to Bengaluru to prosecute the case. Hence, he sought for dismissal of the petition filed by the husband.
9. In M.C.No.858/2022 filed by the husband before the
VI Additional Family Judge, Family Court, Bengaluru, wife appeared through her counsel and prosecuted the same. In the application filed by the wife vide Annexure-J in CP No.122/2024, it is stated that she has shifted her residence from Tiptur to Bengaluru. Under this circumstance, if the petition filed by the wife in M.C.No.82/2022 is transferred to Bengaluru, it would be convenient for both the parties to prosecute the case. Therefore, the petition filed by the husband is required to be allowed and the M.C.No.82/2022 filed by the wife is required to be transferred to Family Court, Bengaluru.
ORDER
and C.P.No.463/2022 filed by the wife is dismissed .
Sd/JUDGE
HA
List No.: 1 Sl No.: 12
2 issues framed by the court
Whether M.C.No.82/2022 pending at Tiptur should be transferred to the Family Court, Bengaluru given the wife's shift to Bengaluru.
Whether M.C.No.858/2022 pending in Bengaluru should be transferred to Tiptur for the wife's convenience.
2 provisions across 2 enactments
Sri Kishore P S
Smt Meghana T M
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
