Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13449 CP No. 17 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 17 OF 2025
BETWEEN:
SMT. VANI, W/O. SHRI. B.K.VINAY, D/O. LATE BASAVARAJAPPA, AGED ABOUT 38 YEARS, R/AT. TURUVANURU VILLAGE, CHITRADURGA TALUK AND DISTRICT -572 101. …PETITIONER (BY SRI. NATARAJU T., ADVOCATE) AND:
SHRI. B.K. VINAY, S/O. KAMALAPPA B.C., AGED ABOUT 44 YEARS, CLASS-I CONTRACTOR, R/AT. MARGADA CAMP, BIRUR TOWN, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 101. …RESPONDENT (BY SRI. HARISH B. SHIRALAKOPPA, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER THE M.C.NO.90/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KADUR TO THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA AND ETC.
THIS PETITION, COMING ON FOR PART HEARD IN ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13449 CP No. 17 of 2025
ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.90/2024 pending on the file of Senior Civil Judge and JMFC, Kadur to the file of the Principal Senior Civil Judge and CJM, Chitradurga.
2. The parties are referred to as husband and wife for the sake of convenience.
3. The facts of the case are that the marriage between the petitioner and respondent was solemnized on 29.05.2019 at Birur Town and out of the wedlock they are blessed with a son on 07.05.2020. In view of the differences between the parties, the husband on 24.10.2024 had filed M.C.No.90/2024 on the file of the Senior Civil Judge and JMFC, Kadur seeking dissolution of marriage. On 18.12.2024, the wife had filed M.C.No.206/2024 on the file of the Principal Senior Civil Judge and CJM, Chitradurga seeking restitution of conjugal rights.
4.
Learned counsel appearing for the respondent/ husband submits that he has no objection to transfer the matter. However, he may be permitted to appear through Video Conference.
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NC: 2025:KHC:13449 CP No. 17 of 2025
5. Having heard the learned counsels on either side, perused the material on record. The request of the respondent as far as appearing through Video Conference at the time of the trial for the purpose of examination is concerned, he cannot appear through Video Conference and he has to be present before the Court personally. For other occasions if any, the respondent is at liberty to file an appropriate application and the Trial Court may consider the same in accordance with law. Accordingly, this Court is inclined to pass the following order:
ORDER i. The M.C.No.90/2024 filed by the respondent/husband pending on the file of the Senior Civil Judge and JMFC, Kadur is withdrawn and the same is transferred to the Principal Senior Civil Judge and CJM, Chitradurga. ii. The wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii. Accordingly, the Civil Petition is allowed. iv. All I.As. in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 1 Sl No.: 3