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Judgments of Supreme Court of India and High Courts

Dr Anjana vs Mr V Krishna Murthy on 10 November, 2017

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10th DAY OF NOVEMBER 2017

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

C.P. NO.253/2017

BETWEEN:

DR. ANJANA
D/O MR. P. GOVINDARAJULU
AGED ABOUT 29 YEARS
RESIDENT OF ‘ESHWARA KRIPA’
PLOT NO.76, SIDDESHWARA PARK
2ND MAIN CROSS,
VIDYANAGAR, HUBLI CITY
PIN-580031

PRESENTLY AT:
HOUSE NO.49,
K.H.B. COLONY
SOLAPUR ROAD
VIJAYAPURA-586103
… PETITIONER

(BY SRI VISHWANATH REDDY FOR
SRI I.S. PRAMOD CHANDRA, ADVS.,)

AND:

MR. V. KRISHNA MURTHY
S/O MR. V. AYYAPPA
AGED ABOUT 31 YEARS
RESIDENT OF NO.25
24TH CROSS, 24TH MAIN,
NEAR MARIYAMMA TEMPLE
PARANGIPALYA
2

H.S.R. II SECTOR
BENGALURU-560 102
…RESPONDENT

(BY SRI SRINIVAS FOR
SRI S. NAGARAJA, ADVS.)

THIS CP IS FILED UNDER SECTION UNDER 24 OF
CPC, PRAYING THIS HON’BLE COURT TO ORDER OF
TRANSFERRING OF THE PETITION IN M.C. NO.5553/2016
PENDING ON THE FILE OF THE VI ADDL. PRINCIPAL
JUDGE, FAMILY COURT, BENGALURU CITY, BENGALURU
TO THE CORUT OF THE PRINCIPAL FAMILY JUDGE,
HUBBALLI OR ANY OTHER COURT OF COMPETENT
JURISDICTION WITHIN THE CITY OF HUBBALLI, IN THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.

THIS CP COMING ON FOR ADMISSION THIS DAY,
THE COURT PASSED THE FOLLOWING:-

ORDER

Heard the learned Counsel for the petitioner and

the learned Counsel for the respondent.

2. Perused the records. It is seen from the

records that the petitioner has filed a criminal case

against the respondent and others in Crime No.5/2016

for the offences punishable under Sections 498A, 323,

504 and 506 r/w. Section 34 of IPC and the same is

pending before the Hubballi – Dharwad Women Police
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Station. Thereafter, it appears that the respondent has

filed a divorce petition under Section 3(1)(ia) of Hindu

Marriage Act, 1955 before the VI Addl. Prl. Judge,

Family Court, Bengaluru in MC No.5553/2016, which is

sought to be transferred to the Court of Principal Family

Judge, Hubballi.

3. It is an admitted fact that the respondent

and others are appearing in connection with the said

criminal case. Therefore, in order to facilitate both the

parties, it is just and proper to allow the petition as

prayed for. It will not cause any prejudice or injustice to

the respondent as he is already appearing in the

criminal case pertaining to Hubballi police station.

Hence the following:-

ORDER

(i) Petition is allowed.

(ii) The case in MC No.5553/2016 pending on
the file of VI Addl. Prl.Judge, Famiily Court,
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Bengaluru, is hereby withdrawn and the
same is transferred to the Principal Family
Judge, Hubballi for further proceedings. The
Vi Addl. Prl. Judge, Family Court, Bengaluru
is hereby directed to transmit the entire
records in MC No.5553/2016 forthwith to
the Principal Family Judge, Hubballi and the
Principal Family Court, Hubballi is directed
to proceed with the said case in accordance
with law.

(iii) In order to avoid further consumption of
time, the parties are directed to appear
before the Principal Family Judge, Hubballi
on 4.1.2018 along with a copy of this order.

4. In view of disposal of the main petition, IA

No.1/2017 does not survive for consideration and the

same is dismissed.

Sd/-

JUDGE
SA

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