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2022 Supreme(Kar) 150

E. S. INDIRESH
Sangeeta W/o Bapu Lamani – Appellant
Versus
Bapu S/o Somappa Lamani – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Pavitra N. Kavali, Advocate

ORDER :

This petition is filed by the petitioners in Crl. Misc. No.145/2020 on the file of the Family Court, Dharwad, challenging the order dated 05.11.2020 on the file of the Family Court, Dharwad decline to accept the petition on the ground of territorial jurisdiction.

2. Heard the learned counsel for the petitioner. Respondent is served.

3. The Family court raised an objection with regard to the maintainability of the petition on the ground that the address shown in the cause title and the documents produced by the petitioners do not tally and therefore, the office objection was accepted by the learned Judge of the Family Court and returned the petition to the petitioner for presentation of the same before the jurisdictional Court.

4. In this matter, though relevant documents have not been produced by the petitioners to say that they are residing at Dharwad, however, the petitioner has filed an affidavit stating that, she is residing with her Aunt Meenakshi Ritti’s House, at Dharwad. It has also come in the finding of the Family Court that the said Meenakshi Ritti is residing at Dharwad and therefore, the Family Court ought to have given an opportunity to the petitioners to have the

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