Disposed

Smt Savitha Patil v. Sri Manjunath D B

Karnataka HC4 Dec 2024CP/144/2024

Case brief

AI extract

What is this about?

The High Court disposed of three civil petitions filed by a wife, husband, and daughter seeking to transfer matrimonial and partition proceedings between courts in Channagiri and Davanagere, allowing a centralized hearing in Davanagere.

What did the court decide?

Transfer of M.C. No.2/2024 and O.S. No.6/2024 from Channagiri to the Family Court at Davanagere for hearing alongside M.C. No.430/2023.

Smt Savitha Patil Vs Sri Manjunath D B — Partition | Karnataka HC (2024)

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NC: 2024:KHC:49949 CP No. 144 of 2024 C/W CP No. 297 of 2024 CP No. 431 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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CIVIL PETITION NO. 144 OF 2024

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C/W

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CIVIL PETITION NO. 297 OF 2024 CIVIL PETITION NO. 431 OF 2024

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IN CP No. 144/2024

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BETWEEN:

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SMT SAVITHA PATIL W/O MANJUNATH D. B., AGED ABOUT 39 YEARS, R/O SWAMY VIVEKANANDA BADAVANE, 3^RD MAIN, DAVANAGERE - 577004

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…PETITIONER

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(BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE)

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

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AND:

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SRI MANJUNATH D. B. S/O BASAVARAJAPPA D, AGED ABOUT 43 YEARS, R/O BELLIGANUDU VILLAGE, CHANNAGIRI TALUK, DAVANGERE DIST. 577001

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…RESPONDENT

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(BY SRI. KALLESHAPPA K. S., ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO WITHDRAW M.C.NO.2/2024 ON THE FILE OF HON'BLE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI AND TRANSFER THE SAME TO THE COURT OF HON'BLE JUDGE,

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NC: 2024:KHC:49949 CP No. 144 of 2024 C/W CP No. 297 of 2024 CP No. 431 of 2024

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FAMILY COURT AT DAVANGERE IN M.C.NO.430/2023 FOR ADJUDICATION.

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IN CP NO. 297/2024

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BETWEEN:

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SRI MANJUNATHA D. B. S/O BASAVARAJAPPA D. AGED ABOUT 44 YEARS R/AT BELLIGANUDU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 001

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...PETITIONER

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(BY SRI. KALLESHAPPA K. S., ADVOCATE)

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AND:

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SMT. SAVITHA PATIL W/O SRI. MANJUNATHA D. B. AGED ABOUT 40 YEARS R/AT SWAMY VIVEKANANDA BADAVANE 3^RD MAIN, DAVANAGERE - 577 001

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...RESPONDENT

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(BY SRI. CHANDRASHEKAR P. PATIL., ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW THE PETITION FILED BY RESPONDENT SEEKING A DECREE OF DIVORCE BY DISSOLVING THE MARRIAGE BETWEEN THE PETITIONER AND RESPONDENT SOLEMNIZED ON 06-172010 AT K.E.B. SAMUDAYA BHAVAN, DAVANAGERE AGAINST THE PETITIONER FROM THE HON'BLE JUDGE FAMILY COURT AT DAVANAGERE IN M.C NO. 430/2023 AND TRANSFER TO THE HON'BLE SENIOR CIVIL JUDGE AND J.M.F.C. AT CHANNAGIRI IN MC NO.02/2024, FOR DISPOSAL IN ACCORDANCE WITH LAW ETC.

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NC: 2024:KHC:49949 CP No. 144 of 2024 C/W CP No. 297 of 2024 CP No. 431 of 2024

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IN CP NO. 431/2024

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BETWEEN:

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KUMARI D. M. TANMAYE D/O SRI. MANJUNATHA D.B. AGED ABOUT 11 YEARS, 6^TH STD., C/O HER NATURAL MOTHER AND NATURAL GUARDIAN SMT. SAVITHAPATIL R/O SWAMI VIVEKANANDA BADAVANE, DAVANAGERE, DAVANAGERE DISTRICT. PINCODE. 577004.

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...PETITIONER

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(BY SRI. CHANDRASHEKAR P. PATIL., ADVOCATE)

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AND:

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SRI MANJUNATHA D. B. S/O LATE BASAVARAJAPPA D., AGED ABOUT 42 YEARS, R/O BELIGANUDU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. PINCODE. 577 004.

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SMT. SHARADAMMA D/O LATE BASAVARAJAPPA D., AGED ABOUT 75 YEARS, R/O BELIGANUDU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. PINCODE. 577 004.

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SRI. PRASHANTH D.B. S/O LATE BASAVARAJAPPA D., AGED ABOUT 48 YEARS, R/O BELIGANUDU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. PINCODE. 577 004.

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4 - NC: 2024:KHC:49949 CP No. 144 of 2024 C/W CP No. 297 of 2024 CP No. 431 of 2024

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SMT. POORNIMA W/O H.M.MALLIKARJUNA, AGED ABOUT 46 YEARS, HOUSEWIFE, R/O UUNASAGHATTA VILLAGE, TARIKERI TALUK, CHIKKAMAGALURU DIST. PINCODE. 577 101.

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...RESPONDENTS

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(BY SRI. KALLESHAPPA K S., ADVOCATE FOR R1 TO R4.)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF C.P.C PRAYING TO TRANSFER O.S NO. 06/2024, PENDING ON THE FILE OF THE I ADDL CIVIL JUDGE & JMFC, CHANNAGIRI TO JURISDICTIONAL COURT AT DAVANGERE.

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THESE PETITIONS, COMING ON FOR ADMISSION, 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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The wife approached this Court by way of C.P.No.144/2023 seeking transfer of M.C.No.2/2024 which had been filed by the husband before the Senior Civil Judge and JMFC, Channagiri for restitution of conjugal rights to the Family Court at Davanagere.

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5 - NC: 2024:KHC:49949 CP No. 144 of 2024 C/W CP No. 297 of 2024 CP No. 431 of 2024

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The husband immediately thereafter filed C.P.No.297/2024 seeking transfer of M.C.No.430/2023 which had been filed by the wife for dissolution before the Family Court at Davanagere to the Senior Civil Judge and JMFC, Channagiri to be heard along with M.C.No2/2024 which had been filed by the husband for restitution.

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Immediately thereafter, the daughter has filed C.P.No.431/2024 seeking transfer of O.S.No.6/2024 that she had filed seeking partition from the I Additional Judge and JMFC, Channagiri to the jurisdictional Court at Davanagere. Thus, the entire family is before this Court seeking transfer of petitions which are filed at Channagiri and Davanagere.

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The wife contends that it would not be possible for her to travel to Davanagere as she is employed in the corporation and it would be difficult for her

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6 - NC: 2024:KHC:49949 CP No. 144 of 2024 C/W CP No. 297 of 2024 CP No. 431 of 2024

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daughter also to travel to Channagiri to prosecute the suit in which she is the next friend and guardian.

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The wife also volunteers to pay a sum of Rs.10,000/to the husband every time that he comes to Davanagere to prosecute the petition that he had filed or to defend himself in the proceedings that have been filed against him.

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In my view, since the wife has volunteered to pay a sum of Rs.10,000/- on every date of hearing that the husband attends, it would be appropriate to transfer M.C.No.2/2024 which is pending on the file of the Senior Civil judge and JMFC, Channagiri and also O.S.No.6/2024 which is pending before the I Additional Civil Judge and JMFC, Channagiri to the Family Court at Davanagere to be heard along with M.C.No.430/2023 which has been instituted by the

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wife.

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NC: 2024:KHC:49949 CP No. 144 of 2024 C/W CP No. 297 of 2024 CP No. 431 of 2024

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The Family Court at Davanagere shall ensure that all the three proceedings are posted on the same date so that the husband can appear in those three cases and defend himself.

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Petitions are accordingly disposed of .

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 15

Smt Savitha Patil v. Sri Manjunath D B

Case brief

What is this about?

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Smt Savitha Patil v. Sri Manjunath D B

Case brief

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