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2025 DAILYLAW 15799 (KAR)

SMT. SUMA K S., v. SRI NAGESH K

CP/57/2025 · 2025-04-01

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:13677 CP No. 57 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 57 OF 2025 BETWEEN: SMT. SUMA K.S., ASSISTANT GENERAL MANAGER, LEGAL SECTION, AGED ABOUT 45 YEARS, CORPORATE OFFICE, BESCOM, K.R.CIRCLE, BANGALORE 560 062. …PETITIONER (BY SRI. GIRIJA PATIL, ADVOCATE) AND: SRI NAGESH. K., S/O LATE PARAMESHWARA K ASSISTANT ENGINEER, (ELE.,) AGED ABOUT 45 YEARS, R/O NO. 494/57, SUJANA NILAYA, KAVERI LAYOUT, KOPPA VILLAGE AND POST, PIRIYAPATNA TALUK MYSURU-571 104 …RESPONDENT (BY SRI.NAGESH K., RESPONDENT) THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE, PRAYING TO TRANSFER THE PROCEEDINGS PENDING IN M.C. NO. 60/2024 THE PRELIMINARY CIVIL JUDGE, PERIYAPATNA TALUKA MYSORE DISTRICT TO BE FAMILY COURT AT BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, 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:13677 CP No. 57 of 2025 ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.60/2024 filed by the respondent/husband pending on the file of the Principal Senior Civil Judge and JMFC, Periyapattana, Mysore District, to the Family Court at Bangalore. 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 between the parties was solemnized on 02.05.2013 at Channakeshwa Temple at Sullya. In the wedlock, they are blessed with a son who is aged 10 years now. In the month of October 2020, the wife was transferred from Kushalanagar to Davanagere. Then on 04.07.2024, the wife has been promoted as Assistant General Manager and transferred from Davanagere to Legal Section, Corporate Office at Bangalore. On 23.09.2024, the husband had instituted M.C.No.60/2024 before the Principal Senior Civil Judge and JMFC at Periyapattana, Mysore District. 4. Learned counsel for the wife submits that after transfer from Davanagere to Bangalore BESCOM Corporate - 3 - NC: 2025:KHC:13677 CP No. 57 of 2025 Office, she is engaged in heavy work of legal section every day from morning 10:00 a.m. to 6:00 p.m. and she is not in a position to go to Periyapattana, which is far from Bengaluru i.e., 210 kilometers. It is submitted that her son is a National player in wall climbing sports and he has already attended many National level in Kids and Youth D Section at Tata Nagar, Bangalore and Wellington. He is taking coaching under guidance of General Thimmaiah Sahasa Academy (GATHNA) at YUVANIKA at Government of Karnataka and also practicing daily two hours at Indira Nagar, Bangalore. The son being a champion is representing South Zone in the Open National Championship wall climbing sports. It is submitted that under these circumstances, in view of her personal as well as the professional requirement, she needs to be present in Bangalore and it is difficult for her to travel 210 kilometers away to attend the Court at Periyapattana, Mysore District. 5. The respondent is present before this Court in person and he submits that he has no objection to transfer the petition. 6. Considering the fact that the distance between Periyapattana and Bangalore is about 210 kilometers and the - 4 - NC: 2025:KHC:13677 CP No. 57 of 2025 fact that the respondent has no objection to transfer the petition, this Court deems it appropriate to pass the following order: ORDER i. M.C.No.60/2024 filed by the respondent pending on the file of the Principal Senior Civil Judge and JMFC, Periyapattana, Mysore District, is withdrawn and the same is transferred to the Family Court at Bangalore. ii. Accordingly, the Civil Petition is allowed. iii. All I.As. in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 17