SRI. PRASHANTH. B. N v. COURT OF KARNATAKA
Case at a glance
Outcome
Allowed
a) The petition is allowed
Provisions considered
Key paragraphs
- Para 88. In view of the above, I pass the following order: ORDER a) The petition is allowed. b) The case in Ex.Case No.51/2021 pending on the file of the Principal Judge, Family Court, Mysuru is hereby withdrawn and the same is transferred to the Family…
Judgment
(BY SRI. HIREMATH AKKAMAHADEVI.,ADVOCATE) AND: …PETITIONER HEMALATHA A Location: HIGH COURT OF KARNATAKA KUM. THEEKSHNA. P AGED ABOUT 10 YEARS, REPRESENTED BY MOTHER AND NATURAL GUARDIAN SMT. PRAMODHINI M P D/O PRASANNA KUMAR AGED ABOUT 35 YEARS R/AT H NO 3471, 20/C MAIN 2ND STAGE, VIJAYANAGARA, MYSURU. NOW AT C/O DR. SHASHIDHAR B NO. 834, 10TH A MAIN ROAD BEHIND KTM BIKE SHOW ROOM LA CAVE WINE SHOW ROOM STAGE 1, INDIRA NAGAR BENGALURU - 560 038. (BY SRI. MANMOHAN P N.,ADVOCATE) …RESPONDENT - 2 - NC: 2024:KHC:22371 CP No. 115 of 2023 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER EX. CASE NO. 51/2021, PENDING ON THE FILE OF THE IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, MYSURU, TO THE JURISDICTIONAL FAMILY COURT, BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
This Court by order dated 07.03.2024 at request of the parties, has referred the matter to Mediation Centre and also appointed the counsel Sri Abhinav Ramanand A, as a mediator to explore the possibility of settlement. Since the mediation failed, the matter is referred back to this Court and is taken up for final disposal on merit.
This petition under Section 24 of CPC is filed by the petitioner seeking for transfer of Ex.Case 51/2021 pending on the file of the Principal Judge, Family Court, Mysuru to the Family Court, Bengaluru.
The petitioner has filed M.C.No.565/2015 under Section 13(i)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage. The IV Additional Principal Family Judge, Mysuru by order dated 31.08.2019 allowed the MC - 3 - NC: 2024:KHC:22371 CP No. 115 of 2023 petition filed by the petitioner and granted decree of divorce by dissolving the marriage between the parties. Thereafter, the respondent filed an Ex.Case No.51/2021 before the Principal Judge, Family Court, Mysuru for execution of the order passed in M.C.No.565/2015 by the IV Additional Principal Family Judge, Mysuru on
31.08.2019. When the execution was filed by the respondent, she was residing in Mysuru. Now, she is remarried and residing in Bengaluru. If the petition is transferred to the Bengaluru, it will convenience for both the parties to prosecute the case. Hence, he filed the present petition seeking for transfer of case.
The learned counsel for the petitioner contended that the respondent has filed a Ex.Case No.51/2021 seeking for execution of the order passed in M.C.No.565/2015 by the IV Additional Principal Family Judge, Mysuru on
31.08.2019. When the execution has been filed in Mysuru, the respondent was a resident of Mysuru. Now the respondent is also residing in Bengaluru. If the petition is - 4 - NC: 2024:KHC:22371 CP No. 115 of 2023 transferred, it will convenience for both the parties to prosecute the case. Hence, the learned counsel sought for allowing the petition.
The learned counsel for the respondent contended that after the dissolution of marriage, the respondent is residing in Mysuru. Hence, she filed execution case before Principal Judge, Mysuru.
Heard the learned counsel for the parties. Perused the petition papers.
The petitioner has filed M.C.No.565/2015 under Section 13(i)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage. The IV Additional Principal Family Judge, Mysuru by order dated 31.08.2019 allowed the MC petition filed by the petitioner and granted decree of divorce by dissolving the marriage between the parties. Thereafter, the respondent filed an Ex.Case No.51/2021 before the Principal Judge, Family Court, Mysuru for execution of the order passed in M.C.No.565/2015 by the - 5 - NC: 2024:KHC:22371 CP No. 115 of 2023 IV Additional Principal Family Judge, Mysuru on
31.08.2019. When the execution was filed by the respondent, she was residing in Mysuru. Now, she is remarried and residing in Bengaluru. If the petition is transferred to the Bengaluru, it will convenience for both the parties to prosecute the case.
Operative part
In view of the above, I pass the following order: ORDER a) The petition is allowed. b) The case in Ex.Case No.51/2021 pending on the file of the Principal Judge, Family Court, Mysuru is hereby withdrawn and the same is transferred to the Family Court, Bengaluru. c) The transferor Court is hereby directed to transmit the entire records to the transferee court. d) The transferee Court after hearing the parties is directed to dispose of the said case as expeditiously as possible and in accordance with law. - 6 - NC: 2024:KHC:22371 CP No. 115 of 2023
This Court has appointed the learned advocate Sri Abhinav Ramanand A, as a mediator to explore the possibility of settlement. In spite of his best efforts to explore the possibilities of settlement, the parties have not agreed to settle the matter and hence mediation failed. The Karnataka State Legal Services Authority is directed to pay Rs.10,000/- to Sri Abhinave Ramanand A, learned counsel as mediation fee. Sd/- JUDGE HA List No.: 1 Sl No.: 8
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: a) The petition is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023; Code of Civil Procedure, 1908 — s. 24; Hindu Marriage Act, 1955 — s. 13(i)(ia).
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.