SMT. RENU @ SONU v. DR. SANDEEP M
Case at a glance
Outcome
Dismissed
these petitions are dismissed,
Provisions considered
Key paragraphs
- Para 88. Consequently, these petitions are dismissed, however, subject to the direction that the husband shall pay a sum of Rs.10,000/- on every date of hearing that she attends at the Court at Mysore.
Judgment
BETWEEN:
SMT. RENU @ SONU W/O. SRI DR. M. SANDEEP D/O. SRI SHANKAR NANANNAVAR AGED ABOUT 34 YEARS PRESENTLY RESIDING AT C/O. D. A. MUTTIGI NEAR OLD INCOME TAX OFFICE VIDYANAGAR HUBBALLI-580 021. (BY SRI VIJAY SHETTY B., ADVOCATE) AND: 1. DR. SANDEEP M. S/O. SRI A. C. MANJUNATH AGED ABOUT 42 YEARS R/AT NO. 11, 4TH CROSS 7TH A. MAIN, ‘F’ BLOCK J. P. NAGAR, MYSURU - 570 008. KIRAN KUMAR R Location: High Court of Karnataka …PETITIONER (BY SMT. PRAMILA NESARGI, SR. COUNSEL APPEARING FOR SMT. BINDU U., ADVOCATE) …RESPONDENT - 2 - NC: 2024:KHC:42083 CP No. 288 of 2024 C/W CP No. 204 of 2024 CP No. 205 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, TO PASS AN ORDER FOR TRANSFERRING THE G AND WC.NO.23/2024, WHICH IS PENDING BEFORE THE HON’BLE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU TO ANY OF THE HON’BLE FAMILY COURTS AT HUBBALLI, FOR THE DISPOSAL OF THE SAME IN ACCORDANCE WITH LAW, TO MEET THE ENDS OF JUSTICE AND EQUITY. IN CP NO.204/2024: BETWEEN:
1. KUMARI RIYA SANDEEP D/O. SRI DR. M. SANDEEP AGED ABOUT 8 YEARS R/AT NEAR OLD INCOME TAX OFFICE VIDYANAGAR, HUBBALLI-580 021 SINCE MINOR, REPRESENTED BY HER NEXT FRIEND NATURAL GUARDIAN HER MOTHER, I. E., SMT. RENU @ SONU W/O. SRI DR. M. SANDEEP D/O. SRI SHANKAR NANNAVAR AGED ABOUT 34 YEARS PRESENTLY R/AT, C/O. D. A. MUTTIGI NEAR OLD INCOME TAX OFFICE VIDYANAGAR, HUBBALLI-580 021. (BY SRI VIJAY SHETTY B., ADVOCATE) AND: 1. DR. SANDEEP MANJUNATH S/O. SRI A. C. MANJUNATH AGED ABOUT 41 YEARS R/AT NO 11, 7TH ‘A’ MAIN 4TH CROSS, ‘F’ BLOCK, J. P. NAGAR MYSURU-570 008. ...PETITIONER (BY SMT. PRAMILA NESARGI, SR. COUNSEL APPEARING FOR SMT. BINDU U., ADVOCATE) ...RESPONDENT - 3 - NC: 2024:KHC:42083 CP No. 288 of 2024 C/W CP No. 204 of 2024 CP No. 205 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO PASS AN ORDER FOR TRANSFERRING THE CRL. MISC. NO.1051/2022 WHICH IS PENDING BEFORE THE HON’BLE III ADDITIONAL PRINCIPAL FAMILY JUDGE, AT MYSURU TO ANY OF THE HON’BLE FAMILY COURTS AT HUBBALLI, FOR THE DISPOSAL OF THE SAME IN ACCORDANCE WITH LAW, TO MEET THE ENDS OF JUSTICE AND EQUITY. IN CP NO.205/2024: BETWEEN:
1. SMT. RENU @ SONU W/O. SRI DR. M. SANDEEP D/O. SRI SHANKAR NANANNAVAR AGED ABOUT 34 YEARS PRESENTLY RESIDING AT C/O. D. A. MUTTIGI NEAR OLD INCOME TAX OFFICE VIDYANAGAR, HUBBALLI-580 021. (BY SRI VIJAY SHETTY B., ADVOCATE) AND:
1. DR. SANDEEP MANJUNATH S/O. SRI A. C. MANJUNATH AGED ABOUT 41 YEARS R/AT NO 11, 7TH ‘A’ MAIN 4TH CROSS, ‘F’ BLOCK, J. P. NAGAR MYSURU-570 008. ...PETITIONER ...RESPONDENT (BY SMT. PRAMILA NESARGI, SR. COUNSEL FOR SMT. BINDU U., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO PASS AN ORDER FOR TRANSFERRING THE M.C. NO.532/2021 WHICH IS PENDING BEFORE THE HONBLE III ADDITIONAL - 4 - NC: 2024:KHC:42083 CP No. 288 of 2024 C/W CP No. 204 of 2024 CP No. 205 of 2024 PRINCIPAL JUDGE, FAMILY COURT, MYSURU TO ANY OF THE HON’BLE FAMILY COURTS AT HUBBALLI, FOR THE DISPOSAL OF THE SAME IN ACCORDANCE WITH LAW, TO MEET THE ENDS OF JUSTICE AND EQUITY. THESE PETITIONS, 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 and her minor daughter are before this Court seeking transfer of the petitions that the husband had filed at Mysore and also the petition that had been filed by the child and the wife before the Courts at Mysore to the Courts at Hubli.
The husband has filed a petition seeking custody of the child invoking the provision of the Guardians and Wards Act, 1890 (for short, ‘the Act’) in G & WC. No.23/2024. The child has filed a petition for maintenance under Section 125 of the Cr.P.C. in Crl. Misc. No.1051/2022. The wife has also filed a petition seeking dissolution of the marriage, which has been registered as - 5 - NC: 2024:KHC:42083 CP No. 288 of 2024 C/W CP No. 204 of 2024 CP No. 205 of 2024 M.C. No.532/2021. All these cases are pending before the Family Court at Mysore.
The wife has filed the petition contending that she was finding it hard to maintain herself and therefore, she was forced to seek employment and has presently secured a job at Dharwad, and it would thus be convenient if all the cases are transferred to Dharwad.
Learned Senior Counsel appearing for the husband contends that petitions have been filed only to harass the husband. She points out that in the petition filed by the wife for divorce, the trial is almost complete and even in the proceedings initiated by seeking maintenance, the examination-in-chief is complete, and that at this stage, it would be improper for transferring the cases.
Learned counsel for husband also points out that in the matrimonial case instituted by the wife, on the basis of a joint memo, the husband was permitted to visit the child and have custody on every Sunday and in order to deprive - 6 - NC: 2024:KHC:42083 CP No. 288 of 2024 C/W CP No. 204 of 2024 CP No. 205 of 2024 the husband of this visitation right, the wife has deliberately moved to Dharwad.
In my view, since it is not in dispute that in the petition filed for dissolution of marriage the trial is almost complete and the matter is set down for cross-examination of the wife, it would not be appropriate to transfer the petitions to Dharwad.
However, it is also noticed that since the wife is working in Dharwad, there would be considerable expenses and inconvenience caused to her to come to Mysore. However, this can be compensated by directing the husband to pay the wife a sum of Rs.10,000/- on every day she attends the Court at Mysore.
Operative part
Consequently, these petitions are dismissed, however, subject to the direction that the husband shall pay a sum of Rs.10,000/- on every date of hearing that she attends at the Court at Mysore.
Having regard to the fact that the proceedings have been initiated in the year 2021, it would be appropriate to direct the Family Court to expedite the disposal of all the - 7 - NC: 2024:KHC:42083 CP No. 288 of 2024 C/W CP No. 204 of 2024 CP No. 205 of 2024 three cases. The wife as well as the husband are directed to co-operate with the Court in the disposal of the matter. The Trial Court shall make every endeavour to dispose of the matters within a period of nine months from the date of receipt of a copy of this order. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 26
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: these petitions are dismissed,
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 24; Guardians and Wards Act, 1890; Code of Criminal Procedure, 1973 — s. 125.
Which court decided this case, and when?
Karnataka High Court, on 21 Oct 2024. The bench was EQUITY THESE PETITIONS.
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.