Allowed

Smt Roopashree D v. Sri B a Shailesh Kumar

Karnataka HC19 Nov 2024CP/62/2024

Case brief

AI extract

What is this about?

Civil petition seeking transfer of a matrimonial case from Chitradurga to Hassan Family Court. Court allowed the petition directing the petitioner to file an undertaking for the respondent's safety, ensuring immediate transfer.

What did the court decide?

Civil petition allowed; matrimonial case transferred to Family Court at Hassan; petitioner directed to file undertaking within ten days.

Smt Roopashree D Vs Sri B a Shailesh Kumar — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC:46811 CP No. 62 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH 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. 62 OF 2024

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BETWEEN:

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SMT. ROOPASHREE D D/O DODDEGOWDA A.H. AGED ABOUT 42 YEARS, LECTURER, (DEPT., OF E & C) GOVT., ENGINEERING COLLEGE NEAR DAIRY, HASSAN R/O ANANDUR VILLAGE, RAMANATHAPURA HOBLI ARKALAGUDU TALUK HASSAN DISTRICT - 573 133.

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…PETITIONER

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(BY SRI. K. R. LINGARAJU, 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 B. A. SHAILESH KUMAR S/O. AYTHARAPPA B. R. AGED ABOUT 44 YEARS, R/O. PRASHANTHNAGAR, STADIUM ROAD CHITRADURGA – 560 066.

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…RESPONDENT

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(BY SRI JAGAN MOHAN M T, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING THAT THIS HON’BLE COURT MAY PLEASED TO TRANSFER THE M.C.NO.191/2023, WHICH IS PENDING ON THE FILE OF THE COURT OF II ADDITIONAL PRL. SENIOR CIVIL JUDGE AND JMFC., CHITRADURGA TO FAMILY COURT AT HASSAN, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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NC: 2024:KHC:46811 CP No. 62 of 2024

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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.191/2023 which has been instituted by the husband before the II Addl. Senior Civil Judge & JMFC, Chitradurga to the Family Court at Hassan.

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The wife contends that on an earlier occasion when the matrimonial case was filed at Bangalore, the wife had sought transfer and the matter was transferred to the Court at Hassan and subsequently, as the dispute between them was settled, the proceedings were closed. Thereafter, due to marital discord, the husband has once again proceeded to institute a proceeding at Chitradurga.

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She also submits that she has two school going children and is working as a Lecturer in Government Engineering College at Hassan, and it would be

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NC: 2024:KHC:46811 CP No. 62 of 2024

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impossible for her to travel to Hassan from Chitradurga.

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Learned counsel for the husband contends that in the year 2022, the husband was assaulted when he went to Hassan and, therefore, it would not be appropriate to transfer the proceedings from Chitradurga to Hassan.

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In response, learned counsel for the wife submits that the wife will file an affidavit of undertaking that there will be no attempts to harm the husband in any manner and if the husband is harmed in any manner, she would be willing to get the matter re-transferred to Chitradurga.

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In view of the above, the wife is directed to file an affidavit of undertaking that no harm would come to the way of the husband to attend the proceedings at Hassan.

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NC: 2024:KHC:46811 CP No. 62 of 2024

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It is made clear that despite this undertaking if any

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attempt is made to harm the husband, the proceedings would be re-transferred to Chitradurga.

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Consequently, this petition is allowed. M.C. No.191/2023 has been withdrawn from the file of II Addl. Senior Civil Judge & JMFC, Chitradurga and transferred to the Family Court at Hassan.

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It is reiterated that if any attempt is made on the husband, this order would be recalled and the matter would be re-transferred to Chitradurga. The affidavit of the undertaking shall be filed by the wife within ten days from today.

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Since both the parties have appeared through their counsel, they are directed to appear before the Family Court at Hassan on 19.12.2024 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

Smt Roopashree D v. Sri B a Shailesh Kumar

Case brief

What is this about?

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Smt Roopashree D v. Sri B a Shailesh Kumar

Case brief

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