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2025 DAILYLAW 13161 (KAR)

SMT N SIRISHA v. SRI BALAJI R

CP/10/2025 · 2025-03-06

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:9673 CP No. 10 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 10 OF 2025 BETWEEN: SMT. N. SIRISHA, AGED ABOUT 23 YEARS, W/O BALAJI R, D/O NARASIMHAPPA, BINDU CENTRAL STORE NEAR NANDINI MILK DAIRY, KASHINAYKANAHALLI, CHANDAPURA, BENGALURU - 560 081. …PETITIONER (BY SRI. JAGADEESHA K.J, ADVOCATE) AND: SRI. BALAJI R, AGED ABOUT 29 YEARS, S/O RAVANAPPA, GOWNIPALLI VILLAGE, RAYALAPADU HOBLI, SRINIVASPUR TALUK, KOLAR DISTRICT - 563 161. …RESPONDENT (RESPONDENT - SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO ALLOW THIS CIVIL PETITION BY ORDERING TO WITHDRAW THE PENDING Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9673 CP No. 10 of 2025 CASE IN MC.NO.48/2023 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR ITINERARY AT SRINIVASPUR AND BE PLEASED TO TRANSFER THE SAME TO THE PRINCIPAL JUDGE FAMILY COURT AT BENGALURU FOR FURTHER ADJUDICATION OF THE SAME IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed seeking transfer of M.C. No.48/2023, pending on the file of the II Additional Senior Civil Judge and JMFC, Kolar Itinerary at Srinivaspura to the Principal Judge, family Court at Bengaluru. 2. The facts of the case are that the marriage between the parties was solemnised on 21.02.2022. In view of the differences between the parties, on 19.12.2023, the husband has filed the petition i.e., M.C. No.48/2023 on the file of the Senior Civil Judge and CJM at Srinivasapur seeking Restitution of Conjugal Rights. On 19.10.2024, the petitioner had appeared and filed her objections. It is stated that she is staying in - 3 - NC: 2025:KHC:9673 CP No. 10 of 2025 Bengaluru and it is about 120 kms. distance from Bengaluru to Srinivasapur and it is difficult for her to travel all the way from Bengaluru to Srinivasapura. As such, she has come before this Court seeking transfer of M.C. No.48/2023. 3. Though notice is served on the respondent, no vakalath is filed on behalf of the respondent. 4. Having heard the learned counsel appearing for the petitioner, perused the material on record. Considering the fact that the distance between the Bengaluru and Srinivasapura is about 120 kms. and considering the inconvenience to the wife, this Court deems it appropriate to transfer the M.C. No.48/2023, pending on the file of the II Additional Senior Civil Judge and J.M.F.C., Kolar Itinerary at Srinivasapura to the Principal Judge, Family Court at Bengaluru. Accordingly, this Court is passing the following: ORDER 1. M.C.No.48/2023, pending on the file of the II Additional Senior Civil Judge and JMFC, Kolar Itinerary at Srinivasapura is withdrawn and - 4 - NC: 2025:KHC:9673 CP No. 10 of 2025 transferred to the Principal Judge, Family Court at Bengaluru. 2. The wife shall cooperate with the trial and shall not seek unnecessary adjournments. 3. Accordingly, the petition is allowed. 3. All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 18 CT: BHK