What did the High Court hold?

The High Court allowed the transfer of the matrimonial case from Chitradurga to Nanjangud. The court considered the hardship to the petitioner and the existing criminal proceedings in Nanjangud.

The petitioner sought to transfer a matrimonial case (MC No. 57/2020) from Chitradurga to Nanjangud. The petitioner had also initiated criminal proceedings against the respondent in Nanjangud.

What were the issues?

Whether a matrimonial case should be transferred to a different jurisdiction considering the petitioner's convenience and existing legal actions in the new jurisdiction.

Smt. N. R. Deeksha Nandini @ N R… vs Sri. H. T. Srinivas | Karnataka High Court 2022

Before: SMT. N. R. DEEKSHA NANDINI @ N R NANDADEVI

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CP NO. 52 OF 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2022 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL PETITION NO.52 OF 2021 BETWEEN: SMT. N. R. DEEKSHA NANDINI @ N R NANDADEVI W/O. H. T. SRINIVAS, AGED ABOUT 31 YEARS, HOUSEWIFE, RESIDING AT C/O. S. RACHAIAH, FORMER CITY MUNICIPAL COUNCIL MEMBER, NO.4409, BASAVANAGUDI BLOCK, NANJANGUD, MYSURU DISTRICT-571 301 …PETITIONER (BY SRI. MANEESHA KONGOVI, ADVOCATE) AND: SRI. H. T. SRINIVAS S/O. LATE THIPPESWAMY, AGED ABOUT 45 YEARS, WORKING AS VILLAGE ACCOUNTANT AT HOLALKERE TALUK OFFICE, HOLALKERE, CHITRADURGA DISTRICT-577526

RESIDING AT OPPOSITE INCOME TAX OFFICE, TAMATKAL ROAD, CHITRADURGA-577502 …RESPONDENT

Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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CP NO. 52 OF 2021

THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO ISSUE AN ORDER FOR WITHDRAWAL OF M.C.NO. 57/2020, FROM THE FILE OF HON'BLE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, CHITRADURGA AND TRANSFER IT TO THE FILE OF THE HON'BLE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, NANJANGUD; AND ETC.

THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R

Heard learned counsel appearing for the petitioner. Respondent is served, remained absent.

In this petition, the petitioner has prayed for transfer of MC No.57 of 2020 on the file of the II Additional Senior Civil Judge and JMFC at Chitradurga to the court of Senior Civil Judge and JMFC, Nanjanagud.

Having taken note of the fact that the petitioner herein has launched criminal action against the respondent herein at Nanjanagud, so also, taking into consideration the hardship that may be caused to the petitioner herein as stated at paragraph (l) and the grounds urged in the petition, the Matrimonial Case No.57 of 2020 pending consideration before the II Additional Senior Civil Judge and JMFC, Chitradurga is

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CP NO. 52 OF 2021

withdrawn and is transferred to the competent Court at Nanjanagud forthwith. Petition is accordingly allowed.

Sd/- JUDGE

LNN List No.: 1 Sl No.: 35

SMT. N. R. DEEKSHA NANDINI @ N R NANDADEVI vs. SRI. H. T. SRINIVAS

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