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2025 DAILYLAW 15676 (KAR)

SMT. SHWETHA. M. J. v. SRI. SANNANINGE GOWDA

CP/53/2025 · 2025-06-27

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22670 CP No. 53 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA CIVIL PETITION NO. 53 OF 2025 BETWEEN: 1. SMT. SHWETHA M.J. W/O SANNANINGE GOWDA D/O JAVAREGOWDA AGED ABOUT 33 YEARS R/AT NO.14, 1ST FLOOR, KEMPAMMA NILAYA, 15TH MAIN ROAD, OPP DEEPA HOSPITAL, K.R. PURAM, VTC KRISHNARAJAPURAM, BENGALURU-560 036. …PETITIONER (BY SRI. SUBHAS JEDDI, ADVOCATE FOR SRI. PARAMESHWARAPPA C.T.,ADVOCATE) AND: 1. SRI. SANNANINGE GOWDA S/O CHIKKEGOWDA AGED ABOUT 42 YEARS R/AT HARIHARAPURA VILLAGE DUDDA HOBLI, HERAGU POST, HASSAN DISTRICT AND TALUK- 573 118. …RESPONDENT (BY SMT. BHAVYA R., ADVOCATE FOR SRI. RAJU C.N., ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22670 CP No. 53 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 AND READ WITH SECTION 151 OF CIVIL PROCEDURE CODE 1908 PRAYING TO ALLOW THIS PETITION AND TRANSFER THE CASE IN M.C. NO.16/2025 PENDING ON THE COURT OF HON'BLE FAMILY COURT FROM HASSAN TO THE COURT OF THE COURT OF THE IV ADDITIONAL FAMILY JUDGE, BANGALORE, 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 Heard learned counsel Sri Subhas Jeddi, Advocate for Sri. Parameshwarappa C.T. appearing for the petitioner and learned counsel Smt. Bhavya.R. for Sri C.N.Raju appearing for respondent. 2. The present petition is filed by the petitioner-wife under Section 24 of Code of Civil Procedure, 1908 seeking transfer of M.C.No.16/2025 pending on the file of Principal Judge, Family Court, Hassan to the Court of IV Addl. Family Judge, Family Court, Bengaluru and to be tried along with M.C.No.6655/2024 filed by the petitioner under Section 13 (1)(ia) (ib) of the Hindu Marriage Act seeking for divorce. - 3 - HC-KAR NC: 2025:KHC:22670 CP No. 53 of 2025 3. Learned counsel for the respondent-husband submits that M.C.No.16/2024 is filed by respondent-husband under Section 9 of Hindu Marriage Act seeking for restitution of conjugal rights which is pending before the Principal Judge, Family Court, Hassan. He further submits that the respondent has no objection for granting of relief sought for in the petition and the counsel has filed a memo in this regard which is taken on record. 4. In view of the aforementioned, the following: ORDER i. The above petition is allowed; ii. MC.No.16/2024 pending on the file of Principal Judge, Family Court, Hassan shall stand transferred to the IV Addl. Family Judge, Family Court, Bengaluru; iii. The parties shall appear before the IV Addl. Family Judge, Family Court, Bengaluru on 28.08.2025 without the requirement of any further notice in this regard; - 4 - HC-KAR NC: 2025:KHC:22670 CP No. 53 of 2025 iv. Consequent to transfer, 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 SNB List No.: 1 Sl No.: 74