High Court Karnataka High Court

Smt Roopa vs B Somashekar on 21 August, 2008

Karnataka High Court
Smt Roopa vs B Somashekar on 21 August, 2008
Author: Arali Nagaraj
:.'fB;Som2é§hc1§m; A.

1

IN THE HIGH COURT OF KARHATAKA AT BANGALORE

DATED THIS Tm: 21-: DAY or Aueusr zoos
BEFORE _ _
THE Howaw MR.JUSTICE ARALI   2 x

cm; @011 No.52 1 mm  A     ' ~

Srntfioopa.

W / £>.B.SoIna.shekar,

Aged about 28 years,

C/ 0.0. m. siddappa,

Anjaneya Mill quarters, .  ~.

Tholahunisc post,  » _   g  AA " 
Dava11agcrc'I'a1uk & Dist.  V     _. ;PETITIONER

(By Sri       

3&3

3/ oljatcu Basappm, _
Aéfid' 'ab0ut '38 "',"'£9.~1"_'i'-=,
R / o.W mlotsy;

k f"'*~~"M.G.Road, T£aI_'i.'g:eI'c,
  District. .. RESFONDENT

%  V(%3iyk%sm-Asnck R.MeI1si11kai, Adv.)

'   petition is filed u/S24 of CPC praying to withdraw

 VT itx«i~.(3.Nc>.2/08 filed by the respondent and pending on the file

I _ dfcivil Judge (Sr.Dn,) 8:. PrLJMFC at Tarikere, am} transfer

_ “the same ta the Family Court at Davanagcrc “far dispefial in
accordance with law.

This petition coming on for hearing this day, the
made the following: ~ .V
9&2 .-

The petitioner herein has so;1gh’t for’ V’ ” ” 2

M.C.No.2/2008 from the Court of the zmea grzacigc

(Sr.Dn.) & Prl.JMFC, Taz’ikeI’e;:__v”‘to me V:§j_(3o1.1ri at

Davanagere, on the filed by

her on beha If of herself _ ‘4 child seeking

maizltezlarme’ is pendmg’ in the
Famfl y Couftoat f %

2. “the appearing for both the

A
;!9Ij;'{of’:A.i%4!oV;f:2 /f.98 is filed by the resporldent under

:”‘~v:§eCtio1:’1»..};3(13{o) E.&; (b) of the Hindu Mar-,na° ge Act seeking

_ .. ofilis marriage with the petifioner herein and the

V miseeflaneous petition is filed by the petitioner

1133.111’ tenanee for herself and her minor child from the

«Aofesfixoxxdent. Therefore, it is clear that the facts involved in

Hhboth the petitions would be substantially same. Therefore, it

,os””~v’*-~-“”*«»..¢»

31,.

is desirable that both of them shall be decided by one and the
same Court with a View to avoid the possibility of conflicting

decisiens on the same set of facts. Since the Famiiy’ at

Davanagere has jurisdiction to try

since the petitioner and her minor e}:1iId”h.ave ‘1*ee1′(ii11é-at ‘ j

Tolahunise village in me

M.C.No.2/O8 is to be at

Davanagere. Hence the fe:1.gwmg”” * _
oRggg

The preseiit’ A’ i}2i;’C:No.2/08 pending
on the file of tsnen.) & Pr1.JMFC.
Tarikae, is hereby same is txansferned to
the ‘for its simultaneaus disposal
{along 108 pending in the Family Court.

order forthwitli to both the said

for ixiforiiiaiion

f;ieV Sdf-

Judge