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2025 DAILYLAW 15708 (KAR)

SMT. JAYALAKSMI B. J. @ v. SRI. KIRAN. H. M.

CP/56/2025 · 2025-04-09

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:15107 CP No. 56 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 56 OF 2025 BETWEEN: SMT. JAYALAKSMI B. J. @ SRILAKSHMI. B. J. W/O SRI. KIRAN.H.M., D/O SRI JAYRAM, AGED ABOUT 35 YEARS, RESIDENT OF GENDEHALLI ROAD, KATTI MANJAIAH BADAVANE-LAYOUT, BELUR TOWN-573 115 BELUR TALUK,HASSAN DISTRICT. PRESENTLY RESIDING AT C/O SMT. H.H.PADMINI, W/O SRI. MANJEGOWDA, RAKSHITH NILAYA, NO.318, 2ND CROSS, VISHWESHWARAIAH ROAD, VIDYANAGAR LAYOUT, HASSAN TALUK - 573 201 HASSAN DISTRICT. …PETITIONER (BY SRI. CHETHAN B., ADVOCATE) AND: SRI. KIRAN. H. M. S/O SRI. MAHADEVAIAH, AGED ABOUT 42 YEARS, RESIDING OF DOOR NO.1245, PARVATHI NILAYA, 1ST FLOOR, 3RD CROSS, PADUVANA ROAD, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15107 CP No. 56 of 2025 T.K. LAYOUT, MYSORE - 570 001. MYSORE DISTRICT. …RESPONDENT (BY SRI. N. SURESHA., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO PASS APPROPRIATE ORDER/S/DIRECTION/S TO TRANSFER PROCEEDINGS IN MC NO.975/2024 PENDING ON THE FILE OF THE HON'BLE III ADDITIONAL PRINCIPAL FAMILY COURT, AT MYSORE TO THE HON'BLE PRINCIPAL FAMILY COURT AT HASSAN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER 1. The present petition is filed by the petitioner/wife seeking transfer of M.C.No.975/2024 filed by the respondent/husband pending on the file of the III Addl. Principal Judge, Family Court at Mysuru to the Court of Principal Judge, Family Court, Hassan. 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 07.09.2018 at - 3 - NC: 2025:KHC:15107 CP No. 56 of 2025 Dr. Sri Sri Shivakumara Swamiji Kalyana Mantapa, Mudigere Road, Beluru, Hassan District and in the wedlock they have no issues. In view of the differences between the parties, on 05.11.2024 the husband had filed M.C.No.975/2024 on the file of the III Addl. Prl. Family Court, Mysuru, seeking divorce. Thereafter, on 08.01.2025, the wife had filed C.Misc.No.7/2025 on the file of the Principal Judge, Family Court, Hassan, seeking maintenance. 4. Learned counsel for the petitioner submits that the wife is residing at Hassan. The distance between Hassan and Mysuru is about 110 kilometers. It is difficult for the wife to travel all the way from Hassan to Mysuru. 6. Having heard the learned counsel for the petitioner, perused the material on record. Considering the facts that the wife is staying at Hassan and the distance between Hassan and Mysuru is about 110 kilometers. Hence, this Court deems it appropriate to pass the following: ORDER i. The M.C.No.975/2024 pending on the file of the III Addl. Principal Judge, Family Court at Mysuru, is withdrawn and transferred to the - 4 - NC: 2025:KHC:15107 CP No. 56 of 2025 Court of Principal Judge, Family Court, Hassan. ii. The 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 SSD List No.: 1 Sl No.: 4