Karnataka High Court
Smt. Lalitha Gowri. S @ Gunashalini vs Sri. H. P. Lingaraju on 7 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:44918
CP No. 173 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CIVIL PETITION NO. 173 OF 2024
BETWEEN:
SMT. LALITHA GOWRI. S
@ GUNASHALINI
LINGARAJU H P
AGED ABOUT 27 YEARS,
R/AT C/O SHANMUKARADYA
(RETD.KSRTC EMPLOYEE)
C D GEETA (TEACHER)
BEHIND-PWD OFFICE
HOLAKERE TOWN
CHITRADURGA DIST. - 577 526 ...PETITIONER
(BY N.RAMAKRISHNA, ADV.)
AND:
SRI. H. P. LINGARAJU
Digitally signed S/O PALAKSHAIAH
by KIRAN AGED ABOUT 30 YEARS
KUMAR R
PRIVATE EMPLOYEE
Location: HIGH
COURT OF GODARA BEEDI, HONAALI TOWN
KARNATAKA DAVANAGERE DIST. - 577 217 ...RESPONDENT
(BY SRI.RUDRAPPA P., ADV.)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
CPC PRAYING TO PASS AN ORDER TO TRANSFER THE CASE IN
M.C.NO.14 OF 2024 ON THE FILE OF THE HONBLE SENIOR
CIVIL JUDGE AND JMFC AT HARIHARA TO THE FILE OF
HON'BLE SENIOR CIVIL JUDGE AND JMFC, HOLALKERE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:44918
CP No. 173 of 2024
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The wife is before this Court seeking transfer of MC No.14/2024 from the file of the Senior Civil Judge and JMFC, Harihara to the Senior Civil Judge and JMFC, Holalkere.
2. It is also admitted by the parties that before the Principal Senior Civil Judge and JMFC, Holalkere the wife has initiated a proceeding in MC No.49/2022 for divorce.
3. Today, a petition under Section 13B of the Hindu Marriage Act is filed in which the husband and wife have stated that they mutually agreed to dissolve their marriage and have arrived at a settlement due to the intervention of the family members.
4. It has also stated that the husband would withdraw the petition filed for restitution and also pay a sum of Rs.2,00,000/- as permanent alimony. It is also -3- NC: 2024:KHC:44918 CP No. 173 of 2024 stated that he has handed over a gold ring and a neck chain and the wife, in turn, has stated that she has also returned three gold articles to the husband.
5. In view of the Section 13B petition filed, MC No.14/2024 which is filed before the Senior Civil Judge and JMFC Harihara shall stand disposed of as being unnecessary.
6. The parties are present before the Court and they state that the contents of the joint petition filed by them are true.
7. In view of the above and in my view, it would be appropriate to direct the Senior Civil Judge and JMFC, Holalkere to accept the application filed by the husband and wife under Section 13B of the Hindu Marriage Act and pass appropriate orders dissolving the marriage of the petitioner and respondent which was solemnized on 23.12.2020 by recording the -4- NC: 2024:KHC:44918 CP No. 173 of 2024 Section 13B petition that is now filed before this Court.
8. The parties shall appear before the Senior Civil Judge and JMFC, Holalkere who shall in turn accept the Section 13B application and pass necessary orders dissolving the marriage.
9. It is submitted by both the parties that the jewelry as stated in the affidavit will be exchanged before this Court today and the amount of Rs.2,00,000/- will be paid before the Senior Civil Judge and JMFC, Holalkere. The said statement is taken on record.
10. Since both parties are represented by their counsels, they are directed to appear before the Senior Civil Judge and JMFC, Holalkere on 28.11.2024. This petition is accordingly disposed of.
Sd/-
(N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 32