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2025 DAILYLAW 76457 (KAR)

MR SAMUEL LOBO v. MRS PAETRICIA MARY PINTO

CP/504/2024 · 2025-07-21

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27208 CP No. 504 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO. 504 OF 2024 BETWEEN: MR SAMUEL LOBO AGED ABOUT 51 YEARS, S/O. GREGARY LOBO, RESIDING AT INFANT JESUS, SHANTHI PALKE KUPPEPADAVU, MANGALORE. PETITIONER (BY SMT. AKSHATHA SHETTY K.,ADVOCATE) AND: MRS PAETRICIA MARY PINTO, AGED ABOUT 51 YEARS, W/O. SAMUEL LOBO, RESIDING AT 1511, 8TH MAIN ROAD, NEAR VENKATESHWARA TEMPLE, KENGERI SATELITE TOWN, BENGALURU- 560 060. RESPONDENT (BY SRI. A VIJAYA SAI.,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CODE OF CIVIL PROCEDURE, PRAYING THAT THIS HONBLE COURT BE PLEASED TO CALL FOR THE RECORDS RELATING TO THE CASE OF THE PETITIONER FROM I ADDITIONAL FAMILY COURT AT MANGALORE D.K. AND ETC,. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27208 CP No. 504 of 2024 ORAL ORDER The present petition is filed under section 24 of the Code of Civil Procedure, 19081 seeking for transfer of MC No.85/2024 pending on the file of I Additional Family court, Mangalore to the Principal Judge, Family Court, Bangalore. 2. Heard submissions of learned counsel Smt. Akshatha Shetty K appearing for the petitioner - husband and the learned counsel Sri. A Vijaya Sai appearing for the respondent - wife. 3. The respondent has filed statement of objections wherein it is placed on record that the husband has no objection for transfer of the petition to the Principal Family Court, Bangalore as sought in the present petition. In the statement of objection the wife has also sought for an order of maintenance. 4. It is open for the wife to agitate regarding the maintenance that is sought to be claimed in proceedings before the Family Court. 1 Hereinafter referred to as 'CPC' - 3 - HC-KAR NC: 2025:KHC:27208 CP No. 504 of 2024 5. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; ii. MC No.85/2024 pending on the file of the I Additional Family Court, Mangalore, shall stand transferred to the Court of the Principal Judge, Family Court, Bangalore; iii. Both the parties shall appear before the Principal Judge, Family Court, Bangalore on 13.08.2025 without the requirement of any further notice being issued in this regard; iv. It shall be open for the learned Principal Judge, Family Court, Bangalore to assign the transferred case to an appropriate Court; v. Pursuant to the appearance of the parties the transferee Court shall conduct further proceedings in accordance with law; vi. All contentions of the parties, including the liberty to the respondent – wife to seek for maintenance, are kept open. - 4 - HC-KAR NC: 2025:KHC:27208 CP No. 504 of 2024 In view of the disposal of the main petition, interim application also stands disposed of. Sd/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 13