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2025 DAILYLAW 21078 (KAR)

SMT. APOORVA v. SHRI. S. MANJUNATH

CP/147/2024 · 2025-03-28

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:13456 CP No. 147 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 147 OF 2024 BETWEEN: SMT. APOORVA W/O. S. MANJUNATH, D/O. LATE BASAVARAJU, AGED ABOUT 26 YEARS, RESIDING AT NO. 4, 2ND FLOOR, KHB COLONY, HOOTAGALLI, BELAVADI, MYSORE - 570 018. …PETITIONER (BY SRI. SHEKHAR BADIGER, ADVOCATE) AND: SHRI. S. MANJUNATH, S/O. LATE SOMU, AGED ABOUT 35 YEARS, R/O. NO. 3, VASANTHAPPA COMPOUND, VISHVESHWARAIAH MAIN ROAD, OPP. TO CANARA BANK, JAIBHARATHINAGAR, BENGALURU NORTH - 560 033. …RESPONDENT (RESPONDENT SERVED AD UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC 1908, PRAYING TO A) PASS AN ORDER TRANSFERRING THE DIVORCE PETITION FILED UNDER SECTION 13(1)(IA) OF THE HINDU MARRIAGE ACT, 1955 BEARING M.C.NO.2123/2022 FILED BY THE RESPONDENT / HUSBAND BEFORE THE LEARNED III ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TITLED S.MANJUNATH V. APPORVA TO THE JURISDICTIONAL FAMILY COURT IN MYSORE OR ANY OTHER COMPETENT COURT IN MYSORE. 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:13456 CP No. 147 of 2024 ORAL ORDER The present petition is filed seeking transfer of M.C. No.2123/2022, pending on the file of the III Additional Principal Judge, Family Court, Bengaluru to the Jurisdictional Family Court at Mysore. 2. The facts of the case are that the marriage between the parties was solemnised on 15.05.2019 at Bengaluru. In view of the disputes between the parties, a complaint was given in Bengaluru on 27.05.2020 by the petitioner. On 03.07.2020, the respondent had filed a petition under Section 9 of the Hindu Marriage Act, 1955 seeking Restitution of Conjugal Rights On 22.06.2022, the petition was disposed of as withdrawn. Thereafter, he has filed M.C.No.2123/2022 seeking divorce and the petitioner had filed Crl.Misc.No.276/2023 before the Family Court at Mysore for maintenance. It is stated that the said matter is pending before the Principal Family Court at Mysore. 3. Learned counsel for the petitioner submits that the distance between Mysore and Bengaluru is about 150 kms. and it is difficult for the wife to travel all the way from Mysore to Bengaluru. - 3 - NC: 2025:KHC:13456 CP No. 147 of 2024 4. Though notice is swerved on the respondent, no vakalath is filed on his behalf. 5. Having heard the learned counsel for the petitioner, perused the material on record. The wife had instituted a Criminal Miscellaneous case, which is pending on the Family Court at Mysore and admittedly, she is residing in Mysore and distance between Bangalore and Mysore is about 150 kms. Considering the submission of the learned counsel, this Court deems it appropriate to pass the following: ORDER i) M.C.No.2123/2022, pending on the file of the III Additional Principal Judge, Family Court at Bengaluru is withdrawn and transferred to the Jurisdictional Family Court at Mysuru. ii) The wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii) Accordingly, the petition is allowed. iv) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 1 CT: BHK