Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12780 CP No. 51 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 51 OF 2025 BETWEEN:
SMT. SMITHA WIFE OF ROHITH RAJU DAUGHTER OF SHIVAMURTHY AGED ABOUT 36 YEARS EDUCATION: B.Sc., R/AT NO.33, ‘C’ BLOCK, SBM LAYOUT, BHOGADHI, MYSURU DISTRIT- 570 026 …PETITIONER (BY SRI. SACHIN R.R., ADVOCATE)
AND:
SRI. ROHITH RAJU S/O H.P. RAJU AGED ABOUT 41 YEARS EDUCATJON: ‘B’ COM. LLB., R/AT NO.273/224, 20TH CROSS 21ST MAIN, BEHIND MARUTHI MANDIR NEAR GANESH MEDICAL VIJAYANGAR BENGALRUU -560 040 …RESPONDENT (BY SRI. RAGHAVENDRA K., ADVOCATE)
THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO PASS APPROPRIATE ORDER TO TRANSFER M.C NO.3330/2024 PENDING BEFORE THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, AT MYSURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:12780 CP No. 51 of 2025
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.3330/2024 filed by the respondent/husband pending on the file of the III Addl. Principal Judge, Family Court at Bengaluru to the Principal Judge, Family Court at Mysore.
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 of the petitioner and the respondent was solemnized on 21.11.2021 at Mysore and out of the wedlock they are blessed with a child on 15.05.2023. In view of the differences between the parties, in the month of November 2022, the petitioner left the matrimonial home. On 05.06.2024, the husband had filed M.C.No.3330/2024 on the file of the Principal Judge, Family Court at Bengaluru, seeking dissolution of marriage.
4.
Learned counsel for the petitioner/wife submits that the wife is residing along with her father at Mysore and
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NC: 2025:KHC:12780 CP No. 51 of 2025
she has to take care of the child, who is aged about 21 months. The distance between both the places is about 150 kilometers and it is difficult for the wife to travel all the way from Mysore to Bengaluru, as such the M.C. pending on the file of the Family Court, Bengaluru may be withdrawn and transfer to the Family Court at Mysore.
5.
Learned counsel appearing for the respondent/ husband submits that the wife was born in Bengaluru and she did all her education in Bengaluru. Only for the purpose of harassing the husband, the present transfer petition is filed.
6. Having heard the learned counsels on either side, perused the material on record. The admitted facts are that the wife, after the disputes is staying with her father along with the child, who is aged about 21 months. The contention of the learned counsel for the respondent/husband that she studied in Bengaluru and to harass the husband, the present petition is filed, cannot be accepted. As her parents are residing in Mysore and in view of the differences between the parties, she has started residing at Bengaluru. Considering the distance between the places i.e., 150 kilometers and she
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NC: 2025:KHC:12780 CP No. 51 of 2025
has to take care of the child, who are aged about 21 months, this Court deems it appropriate to pass the following:
ORDER i. The M.C.No.3330/2024 pending on the file of the III Addl. Principal Judge, Family Court at Bengaluru is withdrawn and transferred to the Principal Judge, Family Court at Mysore. ii. The petitioner/wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii. Accordingly, the Civil Petition is Allowed. iv. All pending I.As., in the civil petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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