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2025 DAILYLAW 18769 (KAR)

SMT MEGHANA C K v. MR HARISH B C

CP/110/2024 · 2025-02-19

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC:7351 CP No. 110 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 110 OF 2024 BETWEEN: SMT. MEGHANA C. K., W/O HARISH B. C., D/O KRISHNAPPA H, AGED ABOUT 30 YEARS, R/AT CHANNAKESAVAPURA, NIDAGAL HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT, PIN - 572 116. …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: MR. HARISH B. C., S/O. CHIKKIRAPPA, AGED ABOUT 36 YEARS, R/O. YUVA NILAYA, OPP GOVT. COLLEGE, 4TH CROSS, BANASHANKARI BADAVANE, NEAR PRESIDENCE SCHOOL, SIRA - 572 137. …RESPONDENT (BY SMT. MANJULA D., ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO PASS THE ORDER TO WITHDRAW THE M.C.NO.120/2023 PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC AT SIRA AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AND JMFC AT PAVAGADA. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7351 CP No. 110 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Lakshmikanth.K, learned counsel for the petitioner who appears before this Court physically. Also heard Smt.Manjula.D who represents the respondent and appears through video conference. 2. This is a petition filed seeking the Court to transfer M.C.No.120/2023 which is pending before the Court of Senior Civil Judge, Sira to the Court of Senior Civil Judge, Pavagada. 3. Learned counsel for the petitioner states that the petitioner is the legally wedded wife of the respondent. Out of the lawful wedlock, a child was born and the said child is under the custody of the petitioner at present. The petitioner is staying in Pavagada Taluk and she is also working there. The petitioner who is under obligation to attend her duties and to look after the child, is finding it - 3 - NC: 2025:KHC:7351 CP No. 110 of 2024 extremely difficult to go to Sira and attend the Court on each and every date of adjournment in M.C.No.120/2023 which is filed by the respondent seeking decree of dissolution of marriage. Therefore, she moved the present petition seeking transfer of the case. 4. Smt.Manjula.D, learned counsel for the respondent submits that the respondent has no objection to effect transfer in the light of the grounds urged. 5. Having considered the submission thus made and as the grounds projected are convincing, this Court is of the view that transfer as prayed for is required to be effected. 6. Thus, the following: ORDER (i) The Petition is allowed. (ii) M.C.No.120/2023 which is pending before the Court of Senior Civil Judge, Sira is withdrawn and is transferred to the Court of Senior Civil Judge, Pavagada. - 4 - NC: 2025:KHC:7351 CP No. 110 of 2024 (iii) The Court of Senior Civil Judge, Sira is directed to transmit entire record in M.C.No.120/2023 duly indexed to the Court of Senior Civil Judge, Pavagada within one week from the date of receipt of copy of this order. (iv) Parties to the proceedings are directed to make their appearance before the Court of Senior Civil Judge, Pavagada on 07.04.2025. (v) Issuance of further notice to the parties is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 26