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2025 DAILYLAW 14230 (KAR)

SMT. SARASWATHI N. B. @ KAVYASHREE v. SRI. B. R. NAVEEN KUMAR

CP/29/2025 · 2025-03-25

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:12611 CP No. 29 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 29 OF 2025 BETWEEN: SMT. SARASWATHI N.B. @ KAVYASHREE W/O B.R. NAVEEN KUMAR, D/O LATE BASAVARAJU, AGED ABOUT 32 YEARS, RESIDING AT NADUVALA PALYA, CHIKKONAHALLI POST, GUBBI TALUK, TUMKUR DISTRICT – 572 216 …PETITIONER (BY SRI. PRABHULINGA MURTHY B.R., ADVOCATE) AND: SRI. B.R.NAVEEN KUMAR S/O RANGASWAMY, AGED ABOUT 39 YEARS, RESIDING AT NO. U-69/61 (230) MUNESWARA BLOCK, 4TH MAIN ROAD, PALACE GUTTAHALLI, BENGALURU NORTH, BANGALORE- 560 003 …RESPONDENT (BY SRI. LOKESHA M.Y., ADVOCATE) THIS CP FILED UNDER SECTION 24 OF CPC, PRAYING TO ORDER TO TRANSFER THE M.C.NO.7045/2024 PENDING ON THE FILE OF THE 6TH PRINCIPAL JUDGE FAMILY COURT AT BENGALURU, TO SENIOR CIVIL JUDGE AND JMFC AT GUBBI TALUK, TUMKUR DISTRICT, IN THE INTEREST OF JUSTICE AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HONBLE COURT DEEMS FIT TO IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR 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 - 2 - NC: 2025:KHC:12611 CP No. 29 of 2025 ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.7045/2024 filed by the respondent/husband which is pending on the file of the VI Addl. Prl. Judge, Family Court, Bengaluru to Senior Civil Judge and JMFC, Gubbi, Tumkur. 2. The facts of the case are that the marriage between the petitioner and respondent was solemnized on 16.09.2021 in Kadepalya Village, Kasaba Hobli, Gubbi Taluk, Tumkur District. In view of the differences between the parties, the husband has filed M.C.No.7045/2024 before the VI Addl. Family Court, Bengaluru seeking dissolution of marriage and the wife has filed the Crl.Misc.No.18/2025 before the Courts at Gubbi. 3. Learned counsel appearing for the petitioner/wife submits that the distance between Bangalore and Gubbi is about 90 kilometres and she has to take care of the child, it is difficult for her to travel on all the date of hearings. 4. Learned counsel appearing for the respondent/husband submits that earlier he has filed a petition for restitution of - 3 - NC: 2025:KHC:12611 CP No. 29 of 2025 conjugal rights and thereafter he has filed this petition seeking divorce. It is submitted that the wife only to harass the respondent/husband has filed the present petition. 5. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the wife has already instituted criminal miscellaneous case which is pending before the Court at Gubbi and the distance between Gubbi and Bangalore is about 90 kilometres and she has to take care of the small child, this Court deems it appropriate to pass the following: ORDER i. MC.No.7045/2024 which is pending on the file of the VI Addl. Prl Judge, Family Court, Bengaluru, is withdrawn and the same is transferred to the Senior Civil Judge and JMFC Court, Gubbi, Tumkur. ii. The petitioner/wife shall co-operate with the trial and shall not seek unnecessary adjournments. - 4 - NC: 2025:KHC:12611 CP No. 29 of 2025 iii. Accordingly, the Civil Petition is Allowed. iv. All pending I.As. in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 19