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2025 DAILYLAW 14674 (KAR)

MRS. SUSHMA B G ALIYAS CHIKKAA SUSMA v. MR. DHAYANANDA E

CP/35/2025 · 2025-04-03

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:14269 CP No. 35 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 35 OF 2025 BETWEEN: MRS. SUSHMA B G ALIYAS CHIKKAA SUSMA W/O MR. DAYANANDA E., AGED ABOUT 32 YEARS, RESIDING AT KAMMARA BEEDI MALLAPPANAHALLI, HOSADURGA TALUK, CHITRADURGA - 577 554 …PETITIONER (BY SRI. LEELESH KRISHNA, ADVOCATE) AND: MR. DHAYANANDA E. S/O ESHWARAPPA, AGED ABOUT 38 YEARS, RESIDING AT NO.17, BES, SCHOOL VINAYAKA NAGAR, HEBBAGODI, BENGALURU SOUTH, BOMMASANDRA INDUSTRIAL ESTATE, BENGALURU - 560 099 …RESPONDENT (BY SRI. DHAYANANDA E.S., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908, PRAYING TO WITHDRAWING THE MATRIMONIAL CASE IN MC.NO.74/2021 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU, RURAL AND TRANSFER THE SAME TO THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14269 CP No. 35 of 2025 ORAL ORDER The present petition is filed seeking transfer of M.C.No.74/2021, pending on the file of the II Additional Senior Civil Judge and J.M.F.C., Anekal to the Court of the Senior Civil Judge and J.M.F.C., Hosadurga. 2. It is submitted that the wife is working as a maid and eking her livelihood. The distance between Anekal to Hosadurga is about 250 kms. and it is difficult for her to travel from Hosadurga to Anekal. 3. When this matter came up on the last occasion, this Court had directed for issuance of notice to the respondent. As per the postal shara, the respondent had refused to receive the notice and this Court has held that it amounts to deemed service of notice. It appears that the respondent has no objection to transfer the matter from Anekal to Hosadurga. 4. Considering the fact that the distance between both the places is about 250 kms. and it is difficult for the wife to travel all the way from Hosadurga to Anekal, this Court deems - 3 - NC: 2025:KHC:14269 CP No. 35 of 2025 it appropriate to allow the petition. Accordingly, this Court is passing the following: ORDER i) M.C.No.74/2021, pending on the file of the II Additional Senior Civil Judge and J.M.F.C., Anekal is withdrawn and transferred to the Court of the Senior Civil Judge and J.M.F.C., Hosadurga. ii) The wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii) Accordingly, the petition is allowed. iv) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 21