Smt.Nikhita Pai B vs Sri.Raviteja Kamath B K
2023 Latest Caselaw 4265 Kant

                                               -1-
                                                      NC: 2023:KHC:23837
                                                           CP No. 10 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 11TH DAY OF JULY, 2023

                                            BEFORE
                      THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                                 CIVIL PETITION NO. 10 OF 2023
                      BETWEEN:

                      SMT. NIKHITA PAI B,
                      D/O B. SRINIVAS PAI,
                      AGED ABOUT 29 YEARS,
                      RESIDING AT NO. 4-149,
                      COLLEGE ROAD, BANTWAL KASBA
                      BANTWAL - 574 211,
                      DAKSHINA KANNADA.
                                                                 ...PETITIONER
                      (BY SRI. RAVINDRANATH KAMATH, SENIOR COUNCIL FOR
                          SRI. SIDDAMALLAPPA P M, ADVOCATE)

                      AND:

                      SRI. RAVITEJA KAMATH B. K,
Digitally signed by   S/O KESHAVA KAMATH B,
LAKSHMINARAYAN
N                     AGED ABOUT 33 YEARS,
Location: High
Court of Karnataka    NO.204, GROUND FLOOR, BLOCK-2
                      RANKA PARK APARTMENTS,
                      4, 5, 6, LALBAGH MAIN ROAD,
                      SAMPANGI RAM NAGAR,
                      BANGALORE - 560 027.

                      PRESENTLY WORKING AT
                      M/S. NETSKOPE SOFTWARE
                      INDIA PRIVATE LIMITED,
                      IST FLOOR, SATTVA KNOWLEDGE COURT,
                      20, 21, 7TH CROSS ROAD,
                             -2-
                                   NC: 2023:KHC:23837
                                           CP No. 10 of 2023




GREEN DOMAIN LAYOUT,
EPIP ZONE, BANGALORE - 560 048.
                                              ...RESPONDENT
(BY SMT. AYANTIKA MONDAL, ADVOCATE)

     THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
THE CPC, PRAYING TO WITHDRAW THE M.C.NO. 6793/2022 ON
THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, AT
BENGALURU AND THE SAME WAY BE ORDERED TO BE
TRANSFERRED TO THE COURT OF SENIOR CIVIL JUDGE, AT
BANTWAL,   DAKSHINA    KANNADA    ON   SUCH    TERMS    AND
CONITIONS FOR DISPOSAL IN ACCORDANCE WITH LAW, IN
THE CIRCUMSTANCES OF THE CASE WITH LAW, IN THE
CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF
JUSTICE AND EQUITY.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                         ORDER

The captioned civil petition is filed by the wife,

seeking transfer of restitution proceedings initiated by

respondent/husband pending in M.C.No.6793/2022 on the

file of Principal Judge, Family Court, Bengaluru, to Senior

Civil Judge, Bantawal, Dakshina Kannada.

NC: 2023:KHC:23837 CP No. 10 of 2023

2. The respondent/husband is seeking restitution of

conjugal rights and has filed a petition at Family Court,

Bengaluru. The petitioner/wife is seeking divorce and filed

a petition in M.C.No.10/2023, which is pending for

consideration on the file of Senior Civil Judge, Bantwal,

Dakshina Kannada.

3. The respondent/husband, though has engaged

a lawyer, counsel on record was found to be absent on two

previous dates. This matter was adjourned on two

occasions to offer an opportunity to the

respondent/husband to contest the proceedings.

4. On examining the records, I am of the view that

since respondent/husband and petitioner/wife have

initiated independent proceedings, one being for divorce

and the other being for restitution, both proceedings

cannot be proceeded with at two different courts, which

may lead to conflicting judgments. If the

respondent/husband is genuinely interested in reviving the

NC: 2023:KHC:23837 CP No. 10 of 2023

marital life and is able to demonstrate his bonafides, no

prejudice will be caused if the restitution petition is

withdrawn from Family Court, Bengaluru and transferred

to Bantwal. Since there is no serious contest, I am of the

view that restitution proceedings pending at Family Court

cannot be independently proceeded with. This petition

needs to be clubbed with the divorce petition and both are

to be heard and decided by the same Court.

5. If these significant details are taken into

consideration, then I am of the view that wife's

convenience has to be taken into consideration in the light

of guidelines laid down by the Apex Court in the case of

Sumita Singh vs. Kumar Sanjay and another

reported in AIR 2002 SC 396.

6. For the reasons stated supra, I proceed to pass

the following:

ORDER

i. The civil petition is allowed.

NC: 2023:KHC:23837 CP No. 10 of 2023

ii. The divorce proceedings pending in

M.C.No.6793/2022 on the file of Principal

Judge, Family Court, Bengaluru, is

withdrawn and transferred to Senior Civil

Judge, Bantawal, Dakshina Kannada.

iii. The Principal Judge, Family Court,

Bengaluru is hereby directed to forthwith

remit the records to the Senior Civil Judge,

Bantawal, Dakshina Kannada.

iv. The Senior Civil Judge, Bantawal, Dakshina

Kannada shall expedite the matter and

dispose both the petitions at the earliest.

Sd/-

JUDGE

HDK CT: BHK