OF KARNATAKA AT BENGALURU DATED THIS THE 18 TH DAY OF MARCH v. RAJINI, ADV., FOR SRI. B. PRAMOD, ADV.,)
Case at a glance
Outcome
Allowed
Accordingly, petition is allowed
Provisions considered
Key paragraphs
- Para 55. Accordingly, petition is allowed. Proceedings in M.C.No. 63/2022 pending on the file of the I Additional Senior Civil Judge and JMFC, Chitradurga, is withdrawn and the same is transferred to the Itinerary Court of the Senior Civil Judge and JMFC, Molakalmuru. The records relating…
Judgment
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV CIVIL PETITION NO.1 OF 2023 BETWEEN:
1. SMT. JAYALAKSHMI .V W/O RAKESH AGED ABOUT 28 YEARS R/O HANUMANTHAPURA VILLAGE CHALLKERE TALUK CHITRADURGA DISTRICT-577501. Location: HIGH COURT OF KARNATAKA (BY SMT. V. RAJINI, ADV., FOR SRI. B. PRAMOD, ADV.,) AND:
SRI. RAKESH …PETITIONER S/O LATE MANJUNATH AGED ABOUT 30 YEARS LAB TECHNICIAN AND OWNER SRI. KRISHNA LAB AND DIAGNOSTIC CENTER BHARAMASAGARA CHITRADURGA TALUK AND DISTRICT-577519. …RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, 1908, PRAYING TO ALLOW THE ABOVE PETITION AND TRANSFER THE PROCEEDINGS FILED BY THE RESPONDENT IN M.C NO.63/2022 PENDING ON THE FILE - 2 - NC: 2024:KHC:10958 CP No.1 of 2023 JUDGE AND I ADDL. SENIOR CIVIL JMFC, OF CHITRADURGA TO THE COURT OF ITINERARY SENIOR CIVIL JUDGE AND JMFC, MOLAKALMURU OR ANY COMPETENT COURT AT MOLAKALAMURU IN INTEREST OF JUSTICE AND EQUITY AND PASS SUCH OTHER ORDER DEEMED JUST AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Petitioner - Wife has sought for withdrawal of the proceedings in M.C.No. 63/2022 pending on the file of the I Additional Senior Civil Judge and JMFC, Chitradurga, and has sought for the same to be transferred to the Itinerary Court of the Senior Civil Judge and JMFC, Molakalmuru.
Respondent though served is absent and has not made arrangements for being represented by a legal counsel.
Learned counsel for the petitioner submits that while M.C.No.63/2022 has been filed by respondent - husband seeking for dissolution of the matrimonial relationship, petitioner herself has instituted proceedings - 3 - NC: 2024:KHC:10958 CP No.1 of 2023 for restitution of conjugal rights in M.C.No. 34/2020 which is pending before the Itinerary Court of the Senior Civil Judge and JMFC, Molakalmuru, though initially filed before the Senior Civil Judge, Challakere, Chitradurga. It is also submitted that the petitioner is a resident of Challakere Taluk, and hence, it is convenient to attend the case at Molakalmuru.
In order to avoid passing of conflicting and inconsistent decrees, the matters are required to be consolidated and disposed off by a common order.
Operative part
Accordingly, petition is allowed. Proceedings in M.C.No. 63/2022 pending on the file of the I Additional Senior Civil Judge and JMFC, Chitradurga, is withdrawn and the same is transferred to the Itinerary Court of the Senior Civil Judge and JMFC, Molakalmuru. The records relating to M.C.No. 63/2022 to be transmitted forthwith to the Itinerary Court of the Senior Civil Judge and JMFC, - 4 - NC: 2024:KHC:10958 CP No.1 of 2023 Molakalmuru, where M.C.No. 34/2020 is pending consideration. Sd/- JUDGE VP
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, petition is allowed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 24.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.