Allowed

Smt. Lavanya T K v. Sri. Shankaramurthy S R

Karnataka HC14 Nov 2024CP/97/2024

Case brief

AI extract

What is this about?

Wife sought transfer of husband's restitution petition from Chikkamagaluru to Arsikere, citing her eight-month-old baby and pending maintenance proceedings there. Court allowed the transfer and directed that both cases be clubbed and heard together.

What did the court decide?

M.C. No.6/2024 transferred from Principal Family Judge, Chikkamagaluru to Senior Civil Judge, Arsikere, to be clubbed with Crl. Misc. No.380/2024.

Smt. Lavanya T K Vs Sri. Shankaramurthy S R — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC:46490 CP No. 97 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^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. 97 OF 2024

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BETWEEN:

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SMT. LAVANYA T K W/O SHANKARAMURTHY S.R., D/O KUMARASWAMY T.S., AGED ABOUT 27 YEARS, R/AT THUMBAPURA VILLAGE, RAMPURA POST, KANAKATTE HOBLI, ARSIKERE TALUK, HASSAN DISTRICT-573126

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…PETITIONER

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(BY SRI. H.T.JAGADEESH., 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. SHANKARAMURTHY S R S/O REVANASIDDAPPA, AGED ABOUT 30 YEARS, R/AT SIRAGAPURA VILLAGE, MALALUR POST, AMBLE HOBLI, CHIKKAMAGALURU TALUK - 577 101.

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(BY SRI. V D RAVIRAJ., ADVOCATE)

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…RESPONDENT

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THIS CIVIL PETITION UNDER SECTION 24 OF THE CPC 1908, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO1 PASS APPROPRIATE ORDER/S DIRECTION/S TO TRANSFER M.C. NO. 06/2024 PENDING ON THE FILE OF PRINCIPAL FAMILY JUDGE AT CHIKKAMAGALURU TO THE COURT OF HONBLE SENIOR CIVIL JUDGE AT ARSIKERE, ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:46490 CP No. 97 of 2024

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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.6/2024 which has been filed by the husband for restitution before the Prl. Family Judge at Chikkamagaluru to the Court of the Senior Civil Judge at Arsikere.

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The wife contends that she has an 8 month old baby and cannot travel to Chikkamagaluru. She also contends that she has already initiated proceedings for maintenance in Crl.Misc. No.380/2024 before the Prl. Judge, Family Court, Arsikere and, therefore, it would be appropriate to transfer the proceedings initiated by the husband to Arsikere.

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In my view, having regard to the fact that wife has an 8 month old baby to take care of, it would be appropriate to transfer M.C. No.6/2024 from the Prl. Judge, Family Court, Chikkamagaluru to the Court of Senior Civil Judge, Arsikere.

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NC: 2024:KHC:46490 CP No. 97 of 2024

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The Senior Civil Judge, Arsikere shall club this petition along with Crl. Misc. No.380/2024 and ensure that both the cases are posted on the same day and dispose of them in accordance with law.

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Since the parties are represented by their counsel, they are directed to appear before the Court of Senior Civil Judge, Arsikere on 17.12.2024 and take further instructions.

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This Civil Petition is allowed .

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Sd/(N S SANJAY GOWDA) JUDGE

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List No.: 1 Sl No.: 28

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HNM

Smt. Lavanya T K v. Sri. Shankaramurthy S R

Case brief

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Smt. Lavanya T K v. Sri. Shankaramurthy S R

Case brief

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