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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
