The High Court allowed a petition under Section 24 CPC to transfer a restitution of conjugal rights case from Mandya to Bangalore Family Court, noting the respondent resided in Bangalore and previous transfer requests were dismissed.
Transfer of M.C. No. 141/2020 from Senior Civil Judge and CJM, Mandya to V Addl. Judge, Family Court, Bangalore.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:22045 CP No. 58 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD CIVIL PETITION NO. 58 OF 2023
BETWEEN:
SRI KOUSHIK J S/O JAYAGOPAL AGED ABOUT 40 YEARS R/AT NO 18, SUMUKA 9TH CROSS, CHUNCHAGATTA MAIN ROAD KONANAKUNTE MAIN ROAD J P NAGAR, 7TH PHASE BENGALURU-560062.
…PETITIONER (BY SMT. RAKSHA KEERTHANA K, ADVOCATE FOR SRI. KEMPARAJU.,ADVOCATE) AND:
SMT ARCHANA @ ARCHANA RAMANNA W/O KOUSHIK J Digitally signed by D/O LATE RAMANNA HEMALATHA A AGED ABOUT 37 YEARS Location: HIGH COURT OF R/AT WORKING AS A PROGRAM MANAGER KARNATAKA M/S METRIC STREAM, NO 23 AND 24 4TH BLOCK, AMR TECH PARK INTERNAL ROAD, BOMMASANDRA BANAGLORE-560068 AND ALSO R/AT NO 8 4TH CROSS, ASHOKA NAGARA MANDYA-571401
…RESPONDENT
(NOTICE TO RESPONDENT IS SERVED & UNREPRESENTED)
NC: 2024:KHC:22045 CP No. 58 of 2023
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO CALL FOR THE RECORDS IN M.C. NO. 141/2020 AND TRANSFER THE ABOVE CASE FROM PRL. SENIOR CIVIL JUDGE AND CJM AT MANDYA TO 5TH ADDL. JUDGE, FAMILY COURT BANGALORE AND GRANT SUCH OTHER RELIEF AS THIS HONBLE COURT DEEMS FIT AND PROPER, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:22045 CP No. 58 of 2023
NC: 2024:KHC:22045 CP No. 58 of 2023
this Court on 06.09.2022 had dismissed C.P.No.256/2022 filed by the respondent-wife seeking for transfer of divorce petition filed by the petitioner-husband from the Court at Bangalore to the Court at Mandya. The petitioner has aged mother to take care. Therefore, if the petition is not transferred, it would cause great inconvenience and hardship to the petitioner. Hence, the learned counsel sought for allowing the petition.
NC: 2024:KHC:22045 CP No. 58 of 2023
separate house in Bangalore from the month of November 2018. Thereafter, the petitioner-husband filed a divorce petition under Section 13(1) of the Hindu Marriage Act in M.C.No.3047/2019 before the V Addl. Judge, Family Court, Bengaluru. The respondent-wife also filed M.C.No.141/2020 under Section 9 of the Act before the
Senior Civil Judge and CJM, Mandya for restitution of conjugal rights. On an earlier occasion, this Court on 06.09.2022 had dismissed C.P.No.256/2022 filed by the respondent-wife seeking for transfer of divorce petition filed by the petitioner-husband in M.C.No.3047/2019 pending on the file of V Addl. Judge, Family Court, Bengaluru to the Court of Senior Civil Judge and CJM, Mandya.
NC: 2024:KHC:22045 CP No. 58 of 2023
petition deserves to be allowed. Accordingly, the following
order is passed:
ORDER
a) The petition is allowed.
Sd/JUDGE
DM
List No.: 1 Sl No.: 8
1 issue framed by the court
Whether the petition for transfer of matrimonial case under Section 24 CPC deserves to be allowed on grounds of convenience and absence of harassment?
3 provisions across 2 enactments
SRI KOUSHIK J
SMT ARCHANA @ ARCHANA RAMANNA
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
