Karnataka High Court
Shruti W/O Rajagopal Panchal vs Rajagopal S/O Shambulingappa Panchal on 27 February, 2012
Author: N.K.Patil
Bench: N.K.Patil
IN THE HIGH COURT C}? KARNA'E'A}{Aj CERCUET BENCH E33?
DHARWAD DATED THIS THE DAY OF FEBRUARY, 2012, : BEFORE :
THE HONBLE MR. JUSTECE NRA PATEL C.P.NO.532 OF 201$ C 'W C.P.NO.554 OF' 201} (TRANSFER; C3.P.NC).532 OF 2011 BETWEEN Smt.Shruti, W/0 Rajagopal Panchai, Age: 2:?» ysars, OCC: Househoid work, R/Q No.15 Kolikcri om, Hosayafiapur, Dharwad.
Peiitéoncr (By Shr: Shriharsh A Ncckupazli? Advémais) AND :
Sri.Rajagopai, S/'0 Shambulingappa Panchai, Agst 33 jgéarg Qcc: Seftware Engginersz", Embhasis? Bangakgrs Egg N0, 121%," Sai Niwasfi Awakappa Lane, Wind Tunas}: Read?
Muyugesh Palya, iii cross? Banga§ar€~§é€}Q£'?. .. Rsispqszidem {By Shri Ud:;a.§; E§h::ni~:22:r Ass(><:iaL6s} :1:?f'kt»'t This {LP is {fled under Sccmm 24 of the CPC, pra:}'in§.2; :0 C311 fer re<:ords; in I'v'§.C.N<>.3é63/2{}EO, §}CE1d'§B§,~.,{ on ihif file of 51" Addnienai Principai Judgsi F:/imiéy Cigsuri, B2:mg§2;:h>:"c and direct the zrzmsfer Qf case in M.C.No.3663/"2010, pénding on the fiie <12? 5"? Additional} Principai Judge, Fzinkiiy Court, Bangalcmj 10 the Hon'bIc Famiiy Court, Dhazmxrezd. in the interest ofjusticc and equity. C.P.NO.5:'34 OF 2011 BETWEEN Rajgopal Panchal, S/0 Shambhuhng Panchal, Aged aboui years, No.12,/4, "Sainiwass", Awalappa Lane, Wind Tunnel Road, i\/Iurugetsh palya, {M Cross, Bar1gai0rC--17.
P<3té:i<>:3cr {By Shré Uday Shzamkar As~;s(>ci:;::cs) AND :
Shruthi Rajgopai, D/0 Shri Omprakash Pam:ha2i, Agéd absut 24 j/€388, No. 35, Koéikeri £3223, Hesayéfiapzér, §ha:"wad~58OOQE, .. R:>::~;p<"m.:i<:>n2:, {By Shri Shrifiarsh £1 N<--':eE<;:§;a2:1: Si, S'ar%,€}u1'L:raj N Jezkshé, Aiivs.) Q} *}:7?"i<:3< This OP is filed under Section 24 of she CPU, p:'aj;ir:g;; ta transfer the {).S.N<>.E4~j2OE1 pending ezm the fiie: ef mag: Principal Civil Judge {Sr.Dtf:.} at Dhamsad to the Clmzria of the Family Cam": at Bangalmeg in {he interesi of Justice zmd equity.
'These C.PS. Coming on for {)E"d€'I'S {his day; {he Court made the following:
0 R D E R. CE'. N0.532/201': is fiied '{3}; wife, prayirg :0 Call for reeerds in M.C.N0.36E>3 /2010: pending on the me of Sih Additional Principal Judge, Family Court, Bangalore and direct the transfer of ease in M.C.N0.36<:33/'Z010, pending cm the file of 5?" Additional Principal Judge, Family Ceurt, Bangalore to the Herfbie Family Camry, Dharwad, in the interest efjustiee and equity.
2. C.P.Ne.554/20}? is. {fled by husband? era}/'mg ':0 transfer V the maintenance Sui: bearing {).S.N<>,14/2G1} pending befere the Prineipai Civii Juége {Sr.B:*1,) ai Sharwaa, 'Le eampetem Famiéy Clear':
at Bazagaéaee, and page such eater eydeys. '»
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3. The undisputed facts of she ease are tharfihe appellants in these civil petitions are wife and husband, whose marriage was solernnized on l8»O5--2006, at Gopall<rishna Mangal Karyalaya, Dharwadr They lived together peacefully, for quite sometime. But, unfortunately, after three years, due to misunderstanding between them, their relationship was strained. Thereafter, the husband and his family members started ilhtreating the wife and also subjected her to all sorts of physical and mental Cl'U€lE}/'? on the ground that she has not brought dowry: Therefore; the wife was constrained to file a complaint before {he l\/iahila Police Siationr Hubli, in Crime No.37}/20l© and she has been siaying in the parents' house from September 201%.' it is her case that she is a housewife and has no independent source of ineerne and tha: she is already depending; on her parents for her hvelihooel and eannet; be an adéizienal burden on them any more.
Therefore, in order to liéve independenm/' with honour /ewgwsmmw and dtgrltty, she {tied a maintenance petition on the tite of the learned Principe} Civil Judge, {;'r.Dt/'11) est Dharwad in O.S.No. E4/2611, xxrhteh is pending adjudication.
4. As 2. «:ounter--blast to the petition filed by the wife, the husband also fited M.C.No'3t36i':'» "QOEO; on the file of the Family Court at Bemgatoteg With this background, both wife and husband are before this Court, seeking the respective reliefs, as stated supra' S I have gone through the grounds urged in the civil petitions filed by learned eounset appearing; for both wife and husband and perused the other material avaiiabte on fiie.
E5. After carefttt evalttattotz of the entire material avaitabte on fiie, the only point for eottsidetatiott to these petitions is, Whether the wife has made out a ease {or withdrawal of t\!£.CtNo.3€>§3/QGEG or the husband hos made out at ease tot' withdrawal of OaS.No.t<%'~I/Qt}? E'?
mm.n.m.....u.;.r...n..,......w,..n._W__ ._ .,, 6 After perusal of the grounds urgeei in lootli the civil petitions filed by wife and husband, it that the wife and husband, after their marriage in T2306, have lived together happily and thereafter, their relationship got strained and they parted ways, The husband is Software Engineer, wotlong at Bangalore and has substantial source of income and is in a position to engage the services of a -counsel and bear the litigation expenses; whereas the wife has no source of income, whatsoever, and is not in a position to meet the litigation expenses and has to depend on her parents for each and evetytliing and slte has to depend on some male member of the family to travel nearly 508 Ktntst to attend the ease as and wlten it is posted at Bangalotet Therefore, having regard to the totality of the ease and facts and etrctnnstanees of the case, i are of the eonsielered view that the wife has made out a pntna faeie ease for ttans§e:* of MtCtl'~§e,3663;'2§lG, pending on A / the file at the 'V' Aeiditieriai Family Court, 8emga%o:*e* te the Family Court at Dharwadi '75 in the Eight of the discussion made above; the Civil Petition Ne,E332/201 1 filed by the wife is aiievqeti in part;
The learned V Additionai Judge, Family Ceurt, Bangalore, is directed to withdraw i\»'i.C.E\'o.36t33/2{}E€) and transfer the same to the Famiiy Court at DhEt1"W?:iCi, immediately;
Civil Petition N0.:'354~/2013 filed by the husband dismissed as devoid of merits.
Shri, Uda}/a$ha:iL<ar Associates is gsermitted ts file vakaiath en behalf of respeznderit iif: Civii Petition Ne.532/231}.
Safe 3 13E§E 8Fv'R:"*