(BY SRI. SREE HARSHA A K., ADVOCATE) v. TURUVEKERE
Case at a glance
Outcome
Dismissed
This Civil Petition is dismissed
Provisions considered
Key paragraphs
- Para 44. In my view, in light of the fact that the husband is disabled, there is no justification for transfer of the petition that he has filed from Senior Civil Judge & JMFC, Turuvekere to the Family Court at Chitradurga. This Civil Petition is dismissed.…
Judgment
(BY SRI. SREE HARSHA A K., ADVOCATE) …PETITIONER AND: KUMAR R Location: HIGH COURT OF KARNATAKA
NAVEENA @ THEERTHAPRASAD S/O MAHADEVAIAH AGED ABOUT 33 YEARS R/O HIREDONKIHALLI VILLAGE, KASABA HOBLI, TURUVEKERE TALUK - 572227 …RESPONDENT (BY SRI. M B CHANDRACHOODA., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC., PRAYING TO TRANSFER M.C.No.45/2023 ON THE FILE OF HON’BLE SENIOR CIVIL JUDGE AT TURUVEKERE TO CHITRADURGA COURT BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. - 2 - NC: 2024:KHC:46493 CP No. 271 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER
1. The wife is before this Court seeking transfer of M.C. No.45/2023 on the file of Senior Civil Judge & JMFC, Turuvekere to the Family Court at Chitradurga.
The husband has entered appearance and has filed objections contending that he had filed a petition for restitution of conjugal rights which the wife chose not to oppose and he consequently obtained an ex parte decree. He submits that since the wife did not join him, he was constrained to file a petition for divorce and immediately on the petition being filed for divorce, the present petition is filed for transfer.
The husband also states that he is physically disabled and has produced Exs.R-2 and R-3, a concession certificate is given for traveling by train orthopaedically handicapped/paraplegic patients. - 3 - NC: 2024:KHC:46493 CP No. 271 of 2024 This certificate indicates that the husband has 70% disability of the right hand.
Operative part
In my view, in light of the fact that the husband is disabled, there is no justification for transfer of the petition that he has filed from Senior Civil Judge & JMFC, Turuvekere to the Family Court at Chitradurga. This Civil Petition is dismissed. SD/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 31
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This Civil Petition is dismissed
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.