Disposed¶25

Smt. Shivaleela W/O S. K.Maheshwar v. S K Maheshwar S/O Sogayya Kadakolmath

Transfer Petition – S.24 CPC

Karnataka HC25 Jan 2025CP/100090/2024

Download

Case brief

AI extract

What is this about?

Keywords: transfer petition under Section 24 CPC; M.C. No.5700/2023 Family Court Bengaluru; transfer to Principal Senior Civil Judge Ron; Section 89 CPC mediation settlement; Rules 24 and 25 Karnataka Civil Procedure (Mediation) Rules 2007; joint settlement memo/joint settlement deed; amicable settlement between wife and husband; disposal of petition in terms of settlement; memorandum of agreement signed by parties and advocates; High Court of Karnataka Dharwad Bench; Hanchate Sanjeevkumar J.; CP No.100090 of 2024; dated 25-01-2025.

What did the court decide?

The civil petition was disposed of in terms of the joint settlement deed executed by both parties before the Court; the transfer prayer under Section 24 CPC was not separately acted upon in view of the settlement. ¶25

Smt. Shivaleela W/O S. K.Maheshwar Vs S K Maheshwar S/O Sogayya Kadakolmath — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the marriage case M.C. No.5700/2023 pending before the Family Court, Bengaluru, filed by the respondent/husband, should be transferred to the Court of the Principal Senior Civil Judge, Ron, as prayed for under Section 24 CPC. +1 more

¶15

Ratio / Principle

The petitioner/wife and respondent/husband, present before the Court with their advocates, stated that they had settled the matter amicably before the mediation centre and filed a memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007, accompanied by a joint settlement memo.

¶21

Key takeaways

Both parties affixed their signatures to the memorandum of agreement and joint settlement deed along with their respective advocates, expressing that they settled on their own will and with full consciousness and awareness, and submitted to abide by the terms of the joint settlement memo.ratio¶22
In light of the amicable settlement, the Court disposed of the petition.ratio¶25
The disposal was effected specifically in terms of the joint settlement deed executed by the parties.ratio

Detailed headnote1 paragraphs

Transfer Petition - S.24 CPC - Wife-petitioner sought transfer of M.C. No.5700/2023 (filed by husband) from the Family Court, Bengaluru to the Principal Senior Civil Judge, Ron - On admission, both parties appeared with counsel and reported amicable settlement before the mediation centre, filing a memorandum of agreement under S.89 CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007, with a joint settlement memo/deed - Parties signed voluntarily and with full consciousness and awareness - Held: petition disposed of in terms of the joint settlement deed. (Hanchate Sanjeevkumar, J.)

¶1

¶2

NC: 2025:KHC-D:1477 CP No. 100090 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25^TH DAY OF JANUARY, 2025

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100090 OF 2024

¶6

BETWEEN:

¶7

SMT. SHIVALEELA W/O. S.K. MAHESHWAR, AGE. 23 YEARS, OCC. HOUSEWIFE, R/O. C/O. DODDAYYA BASAYYA HIREMATH GAJENDRAGAD, TQ. GAJENDRAGAD, DIST. GADAG.

¶8

…PETITIONER

¶9

(BY SRI DAYANAND M.BANDI, ADVOCATE)

¶10

AND:

¶11

S.K. MAHESHWAR S/O. SOGAYYA KADAKOLMATH, AGE. 32 YEARS, OCC. PRIVATE, R/O. NO.204, I FLOOR, 7^TH CROSS, 2^ND STATE, MANJUNATH NAGAR, RAJAJI NAGAR, BENGALURU-560010.

¶12

…RESPONDENT

¶13

Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA

¶14

(BY SRI B.B. BALLARI, ADVOCATE)

¶15

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ORDER FOR TRANSFER OF THE CASE IN M.C. NO.5700/2023 PENDING ON THE FILE OF THE COURT OF FAMILY COURT, BENGALURU FILED BY THE RESPONDENT/HUSBAND TO THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE, RON, IN THE INTEREST OF JUSTICE AND EQUITY.

¶16

THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

¶17

¶18

NC: 2025:KHC-D:1477 CP No. 100090 of 2024

¶19

ORAL ORDER

¶20

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

¶21

Both the petitioner/wife and respondent/husband in the petition are present before the Court along with their respective advocates. Both the petitioner/wife and respondent/husband have stated that they have settled the matter amicably before the mediation centre and filed memorandum of agreement under Section 89 of Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007 accompanied by a joint settlement memo.

¶22

To the said memorandum of agreement and to the joint settlement deed, both the petitioner/wife and respondent/husband have affixed their respective signatures along with respective advocates. They have expressed that on their own will and with full consciousness and awareness, they have amicably settled the matter with each other and they have submitted to this Court that they will abide by terms and conditions stated in the joint settlement memo.

¶23

NC: 2025:KHC-D:1477 CP No. 100090 of 2024

¶24

¶25