Allowed

Smt. Rekha D v. Sri. R. Karthik

Karnataka HC21 Nov 2024CP/311/2023

Case brief

AI extract

What is this about?

Wife sought transfer of husband's divorce petition from the Bengaluru Family Court to Nanjanagud, citing her residence there and care of a one-year-old child. The court allowed the transfer and directed both parties to appear before the transferee court on 06.01.2025.

What did the court decide?

M.C. No.4072/2022 withdrawn from Bengaluru Family Court and transferred to Civil Judge (Sr.Dn.), Nanjanagud; parties to appear there on 06.01.2025.

Smt. Rekha D Vs Sri. R. Karthik — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC:47301 CP No. 311 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST 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. 311 OF 2023

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BETWEEN:

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SMT. REKHA D W/O R. KARTHIK, D/O M. DEVANNA, AGED ABOUT 37 YEARS, R/AT. KARYA VILLAGE, HULLAHALLI HOBLI, NANJANAGUD TALUK, MYSORE DISTRICT - 571314.

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…PETITIONER

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(BY SRI. NAGARAJA S., 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. R. KARTHIK D/O M.P. RAJASHEKARA, AGED ABOUT 42 YEARS, R/AT, NO.349, CHS 707, 6^TH CROSS, 4^TH PHASE, YELAHANKA NEW TOWN, BANGALORE - 560064.

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(BY SRI. B.G. NANJUNDARADHYA., ADVOCATE)

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…RESPONDENT

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO WITHDRAW THE PETITION IN M.C.NO.4072/2022 PENDING ON THE FILE OF I ADDL. PRINCIPAL JUDGE, FAMILY COURT JUDGE AT BENGALURU PRODUCED AT ANNEXURE-A AND TRANSFER THE SAME TO THE CIVIL JUDGE (SR.DVN) AT NANJANAGUD TO TRY AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDERS THAT THIS HONBLE COURT DEEMS FIT TO GRANT IN THE

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NC: 2024:KHC:47301 CP No. 311 of 2023

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FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, 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 is before this Court seeking transfer of M.C. No.4072/2022 which has been filed by the husband for dissolution of marriage pending on the file of I Addl. Prl. Judge, Family Court at Bengaluru to the Court of Civil Judge (Sr.Dn.) Nanjanagud.

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The wife contends that she is the resident of Karya village in Nanjanagud taluk and she has a one year old child to take care of and it would not be possible for her to travel to Bengaluru.

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In my view, since the wife has a one year old child to take care of, it would be appropriate to transfer the petition. Consequently, M.C. No.4072/2022 is withdrawn from the file of I Addl. Prl. Judge, Family Court at Bengaluru and transferred to the Court of

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NC: 2024:KHC:47301 CP No. 311 of 2023

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Civil Judge (Sr.Dn.) Nanjanagud. This Civil Petition

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is, accordingly, allowed.

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Since both the parties have appeared through their counsel, they are directed to appear before the Court of Civil Judge (Sr.Dn.) Nanjanagud on 06.01.2025 and take further instructions.

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Sd/(N S SANJAY GOWDA) JUDGE

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HNM List No.: 1 Sl No.: 41

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*Page No.3 is re-typed and replaced

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vide Chamber order dated 16.12.2024.

Smt. Rekha D v. Sri. R. Karthik

Case brief

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Smt. Rekha D v. Sri. R. Karthik

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