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2025 DAILYLAW 88810 (KAR)

MR. SHASHIKIRAN S v. SMT. DHANUSHA G R

RP/117/2024 · 2025-10-31

C M Poonacha

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43881 RP No. 117 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 117 OF 2024 BETWEEN: MR. SHASHIKIRAN S S/O SHIVARAJ N H, AGED ABOUT 38 YEARS, R/AT NO.24/2, 9TH MAIN, 2ND CROSS, NATARAJA LAYOUT, JP NAGAR, 7TH PHASE, BENGALURU-560078 PH 9964669195 …PETITIONER (BY SRI. MAHESH M, ADVOCATE) AND: SMT. DHANUSHA G R D/O G P REVANASIDDAPPA, AGED ABOUT 29 YEARS, R/AT SRI ESHWAR NILAYA, 2ND MAIN, 3RD CROSS, HOLALKERE ROAD, BVKS LAYOUT, CHITRADURGA-577501 …RESPONDENT (BY SRI. R SHASHIDHARA, ADVOCATE) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF THE CPC, PRAYING TO ADMIT THE REVIEW PETITION, REVIEW THE IMPUGNED ORDER DATED 21ST OF FEBRUARY 2024 PASSED BY THIS HONBLE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43881 RP No. 117 of 2024 HIGH COURT OF KARNATAKA IN CP NO. 22/2024, TO MEET THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present review petition has been filed seeking to review the order dated 21.02.2024 passed in CP No.22/2024, whereunder, the petition filed by the respondent seeking for transfer of MC No.5940/2023, pending on the file of II Additional Principal Judge, Family Court, Bangalore, to the Court of the Principal Senior Civil Judge and JMFC, Chitradurga, was allowed. 2. The primary contention put forth by the review petitioner [respondent in CP No.22/2024/husband] is that, as on date of the order dated 21.02.2024, the respondent [petitioner in CP No.22/2024/wife] was gainfully employed, and this said fact was suppressed. It was misrepresented that the wife did not have any independent source of income. - 3 - HC-KAR NC: 2025:KHC:43881 RP No. 117 of 2024 3. It is apparent that one of the grounds on which CP No.22/2024 was allowed was the finding that the wife had no independent source of income. 4. The learned counsel for the respondent has this day, filed a memo placing on record a communication dated 15.10.2024 issued to the respondent by her employer, which indicates that the respondent had tendered her resignation on 12.08.2024, which was accepted, and she was relieved from her services on 15.10.2024. The said communication dated 15.10.2024 clearly demonstrates that the respondent was gainfully employed as on the date when CP No.22/2024 was disposed. 5. Having in view of the aforementioned, the present review petition is allowed, the order dated 21.02.2024 passed in CP No.22/2024 is hereby reviewed/recalled. Consequently, CP No.22/2024 is restored to its original file. - 4 - HC-KAR NC: 2025:KHC:43881 RP No. 117 of 2024 6. Re-list CP No.22/2024 before the roster bench after 2 weeks. Sd/- (C.M. POONACHA) JUDGE ASN List No.: 1 Sl No.: 9