Dismissed

Smt. Y H Chaithra v. Sri Rajeev H. Raj@ Bharath

Karnataka HC21 Oct 2024CP/65/2024

Case brief

AI extract

What is this about?

Civil petition seeking transfer of a divorce petition from Bengaluru to Tumakuru Family Court due to travel difficulties. The High Court dismissed the transfer application citing completed trial progress and short distance but directed the respondent to pay reimbursement for the wife's attendance expenses.

What did the court decide?

Transfer of petition dismissed with direction that respondent pays wife Rs. 10,000 on every date of hearing.

Smt. Y H Chaithra Vs Sri Rajeev H. Raj@ Bharath — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC:42392 CP No. 65 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF OCTOBER, 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. 65 OF 2024

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BETWEEN:

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SMT. Y.H.CHAITHRA, W/O RAJEEV H RAJ, AGED ABOUT 30 YEARS, R/AT "SRI RANGA" NILAYA, NEAR ASHWINI HOSPITAL, TUMAKURU.

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…PETITIONER

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(BY SRI.BELLE RAVIVARMA, 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. RAJEEV H. RAJ @ BHARATH, S/O SRI. HANUMANTHARAJ, AGED ABOUT 33 YEARS, R/AT NO.146, "SRINIDHI", 80 FEET ROAD, SACHIDANANDA NAGAR, RAJARAJESHWARI NAGAR, BENGALURU – 560 098.

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…RESPONDENT

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(BY SRI. SHIVARAMU H C., ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE CASE M.C. NO.4322/2021 PENDING BEFORE VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND TO PASS

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2 - NC: 2024:KHC:42392 CP No. 65 of 2024

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AN ORDER TRANSFERRING M.C. NO.4322/2021 FROM VI ADDL. PRINCIPAL JUDGE FAMILY COURT, BENGALURU TO THE PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU AND TO DISPOSE OF THE MATTER IN ACCORDANCE WITH LAW, 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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This petition is filed by the petitioner- wife seeking transfer of the petition filed by the respondent- husband in MC No.4322/2021 for dissolution of marriage, which is pending before the VI Additional Principal Judge, Family Court, Bengaluru.

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It is the case of the petitioner that it would be difficult for her to travel to Bengaluru to attend the proceedings and defend herself, since she is staying at her parents' house. Therefore, it is contended that due to the inconvenience, the proceedings require to be transferred.

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NC: 2024:KHC:42392 CP No. 65 of 2024

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The petition for divorce was filed in the year 2021. It

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is now reported by learned counsel appearing for the respondent- husband that the matter is set down for cross-examination of the husband and instead of crossexamining the husband, repeated adjournments were taken and, thereafter, the petition for transfer has been filed.

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In my view, since the trial of the petition has already commenced and furthermore, since the distance between Tumkuru and Bengaluru is hardly about 70 kms, it would not be appropriate to transfer the petition merely on the ground that the wife complains that she finds it difficult to attend the hearings in Bengaluru after participating the proceedings for three years.

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The petition for transfer is, therefore, dismissed . However, since the wife will have to travel from Tumkur to Bengaluru to defend herself, it would be appropriate to direct the husband to pay a sum of Rs.10,000/- (Rupees

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NC: 2024:KHC:42392 CP No. 65 of 2024

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Ten Thousand Only) to the wife on every date of hearing

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on which the wife attends the proceedings at Bengaluru.

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Subject to the above, this petition is dismissed .

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Sd/(N S SANJAY GOWDA) JUDGE

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PN List No.: 1 Sl No.: 25

Smt. Y H Chaithra v. Sri Rajeev H. Raj@ Bharath

Case brief

What is this about?

What did the court decide?

Smt. Y H Chaithra v. Sri Rajeev H. Raj@ Bharath

Case brief

What is this about?

What did the court decide?

What the court decided

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