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2025 DAILYLAW 15227 (KAR)

DR. SUMANGALA B CHIKKAMATH v. DR. MAHANTESH K MATH

CP/47/2025 · 2025-06-20

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21617 CP No. 47 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA CIVIL PETITION NO. 47 OF 2025 BETWEEN: DR. SUMANGALA B CHIKKAMATH, W/O DR. MAHANTESH MATH, AGED ABOUT 46 YEARS, PRESENTLY AT R/AT NO.17021, 1ST FLOOR, TOWER 17, PRESTIGE SONG OF SOUTH, BEGUR KOPPA MAIN ROAD, YELENAHALLI BEGUR HOBLI, BOMMANAHALLI, BENGALURU SOUTH, BENGALURU - 560 068. …PETITIONER (BY SRI. MANJUNATHA K.V., ADVOCATE FOR SRI.RAJESWARA P N., ADVOCATE) AND: DR. MAHANTESH K MATH, S/O SRI.KALAKAYYA MATH, AGED ABOUT 50 YEARS, DOCTOR BY PROFESSION, PRESENTLY AT R/A HOUSE NO.35, BEHIND BHADAKALI HOSPITAL, AKKIMARDI LAYOUT, BAGALKOT - 587 102. …RESPONDENT (BY SRI. GAGANDEEP. C., ADVOCATE FOR SRI.AJIT P B., ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21617 CP No. 47 of 2025 THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CIVIL PROCEDURE CODE 1908 PRAYING TO WITHDRAW M.C.NO.14/2024 FILED BY THE RESPONDENT HEREIN SEEKING DECREE OF DIVORCE, ON THE FILE OF THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, BAGALKOT AND TRANSFER THE TRANSFER THE CASE TO THE HONBLE COURT OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO BE TRIED TOGETHER WITH M.C.NO.7593/2024 FILED BY THE PETITIONER AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HONBLE COURT DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the wife seeking for transfer of M.C. No.14/2024 pending on the file of the Principal Judge, Family Court, Bagalkote to the VI Addl. Principal Judge, Family Court, Bengaluru1. 2. Heard the learned counsel Sri.Manjunatha. K.V., for Sri. Rajeshwara P.N., learned counsel for the petitioner and the learned counsel Sri. Gagandeep. C for Sri. Ajith P.B., learned counsel for the respondent. 1 hereinafter referred to as 'Trial Court' - 3 - HC-KAR NC: 2025:KHC:21617 CP No. 47 of 2025 3. Learned counsel for the respondent has no objection for granting of the relief sought for in the present petition. 4. The petitioner-Wife has filed M.C.No.7593/2024 under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights which is pending on the file of VI Addl. Principal Judge, Family Court, Bengaluru. M.C.No.14/2024 has been filed by the respondent- Husband seeking for divorce under Section 13(ia) of the Hindu Marriage Act, 1955. In view of the fact that the respondent has no objection for transfer of the proceedings initiated by him, the following: ORDER i. The above petition is allowed. ii. M.C.No.14/2024 pending on the file of the Principal Judge, Family Court, Bagalkot shall stand transferred to the VI Addl. Principal Judge, Family Court, Bengaluru. - 4 - HC-KAR NC: 2025:KHC:21617 CP No. 47 of 2025 iii. The parties shall appear before the transferee Court on 29.08.2025, without the requirement of any further notice being issued in this regard. iv. Pursuant to appearance of the parties, the transferee Court shall conduct further proceedings in accordance with law. v. All contentions of the parties are left open. SD/- (C.M. POONACHA) JUDGE RKA List No.: 1 Sl No.: 77