Smt.Renuka W/O Raghavendra Mane … vs Sri Raghavendra S/O Basappa Mane on 28 August, 2017

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 28TH DAY OF AUGUST 2017

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANENDRA

CIVIL PETITION No.200044/2016
C/w
CIVIL PETITION NO.200041/2016

C.P.No.200044/2016
BETWEEN:

1. Smt. Renuka W/o Raghavendra Mane
Age: 33 years, Occ: Household work,

2. Kumar Abhinav S/o Rabhavendra Mane,
Age: Minor, Occ: Student,
Since Minor is rep. by her natural mother and
M/G the 1st petitioner,
Both are R/o. LIG 133, Adarsh Nagar,
Vijayapur, Tq. Dist. Vijayapur.
…Petitioners
(By Sri S. S. Mamadapur, Advocate)

AND:

Sri. Raghavendra S/o Basappa Mane
Age: 41 years, Occ: Govt. Servant,
R/o S.P.Office, Koppal,
Tq. Dist. Koppal-583231.
…Respondent
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(By Sri G. B. Yadav, Advocate
Sri. M. A. Jagirdar, Advocate)

This Civil Petition is filed under Section 24 of the Civil
Producer Code, 1908, praying to withdraw G
W.C.No.10/2016 pending on the file of the Senior Civil Judge
and CJM, Koppal and transfer the same to the District Court, at
Vijayapur to try with Crl.Misc.No.295/2016 for disposal in
accordance with law in the interest of justice and equity.

C.P.No.200041/2016
BETWEEN:

1. Smt. Renuka W/o Raghavendra Mane
Age: 33 years, Occ: Household work,

2. Kumari Pavani D/o Rabhavendra Mane,
Age: 3 years, Occ: Nil,
Since Minor is rep. by her natural mother and
M/G the 1st petitioner,
Both are R/o. LIG 133, Adarsh Nagar,
Vijayapur, Tq. Dist. Vijayapur.
…Petitioners

(By Sri S. S. Mamadapur, Advocate)

AND:

Sri. Raghavendra S/o Basappa Mane
Age: 41 years, Occ: Govt. Servant,
R/o S.P.Office, Koppal,
Tq. Dist. Koppal-583231.
…Respondent
(By Sri G. B. Yadav, Advocate
Sri. M. A. Jagirdar, Advocate)

This Civil Petition is filed under Section 24 of the Civil
Producer Code, 1908, praying to withdraw m.C.No.75/2016
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pending on the file of the learned Judge, Family Court, Koppal
and transfer the same to the Family Court at Vijayapur to try
with Crl.Misc.No.295/2016 for disposal in accordance with law
in the interest of justice and equity.

These Civil petitions coming on for admission, this day,
Court made the following:

ORDER

Heard the learned counsel for the petitioners and

also the respondent in both cases. Perused the records.

2. It is clear from the records that there is no

dispute between the parties. Petitioners No.1 and 2 are the

wife and son of the respondent herein. It is also not

disputed that petitioners have filed Crl.Misc.295/2016

before the Family Court, Vijayapur under Section 125 of

Cr.P.C. seeking maintenance against the present

respondent. It is also undisputed fact that the respondent

herein appeared in the said case and engaged a counsel

and contested the said case. The respondent has also filed

two petitions before the Senior Civil Judge and CJM, at
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Koppal, one is under GW.C.No.10/2016 seeking custody

of the second petitioner herein under the Guardian and

Wards Act and another petition under Section 9 of Hindu

Marriage Act in M.C.No.75/2016 before Family Court at

Koppal, for restitution of conjugal rights.

3. As it is evident from the records that the

petition filed by the wife and child in

Crl.Misc.No.295/2016 is first in point of time before Family

Court at Vijayapur. Anyway the respondent has made all

arrangements for himself to appear before the said Court

at Vijayapur to contest the said maintenance petition. If

the petition filed by the respondent in M.C.No.75/2016

and as well as GW.C.No.10/2016 are ordered to be

transferred to the Family Court at Vijayapur, the

respondent can conveniently prosecute those cases also

simultaneously with Crl.Misc.No.295/2016. On the other

hand if they are not transferred as prayed for, again the
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petitioner for the purpose of attending these two cases has

to come down to Koppal. If, the above said petitions filed

by the respondent are transferred, at least convenient to

the extent of the petitioner. Hence, under the above facts

and circumstances there is no legal implement to transfer

the cases as prayed for. Hence, the following….

ORDER

The Civil Petitions are allowed.

Consequently, the GW.C.No.10/2016 pending on

the file of Senior Civil Judge and CJM, at Koppal and also

M.C.75/2016 pending on the file of Family Court at Koppal

are hereby withdrawn. The same are transferred on to the

file of Family Court, Vijaypur with a specific direction to

the said Court to issue fresh notices to the parties and

after securing the parties proceed with both the cases in

accordance with law.

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Office is hereby directed to send a copy of this order

to both the transferor and transferee Court so as to enable

the transferor Court to transmit the entire records

forthwith to the transferee Court.

Sd/-

JUDGE

JSM

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