K'taka HC issues notice to Union, State Govts

Bangalore, Oct 16 (UNI) The Karnataka High Court today issued notice to the Union and State Governments on a public interest litigation, seeking a direction to the Governments to take steps to suitably amend the law to fill the lacunae in transferring matrimonial cases from the jurisdiction of one State to another the PIL also soughd insertion of necessary legal provisions mandatory condition precedent when a new matrimonial case is filed.

Admitting the PIL, Chief Justice Cyriac Joseph and Mr Justice Ajit J Gunjal ordered issuance of the notice on the PIL, filed by one Lakshmi Prasanna and Shobha.

As per the law, matrimonial disputes should be filed in the jurisdictional courts where the marriage was solemnised or where the couple last resided. However, a concession was shown to a woman, enabling her to get the dispute filed against her by her husband transferred to the court where she was residing by filing a transfer petition before the High Court under Section 23 (3) of Civil Procedure Code. The Supreme Court also had the jurisdiction to transfer matrimonial cases from one court to another. Besides, a woman was permitted to institute proceedings from any place where she was residing.

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