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2025 DAILYLAW 21284 (KAR)

SMT. VASAVI S v. SRI. NISHCHITH H K

CP/128/2025 · 2025-07-04

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24241 CP No. 128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION No. 128 OF 2025 BETWEEN: 1. SMT. VASAVI S., D/O LATE SURESH KUMAR, HINDU AGED ABOUT 29 YEARS, R/AT No. 41/16, GROUND FLOOR, 3RD MAIN, 2ND CROSS, RAMAMOHANAPURA, SREERAMAPURAM, BANGALORE - 560021. …PETITIONER (BY SRI VINAYA KUMAR N. D., ADVOCATE) AND: 1. SRI. NISHCHITH H. K., S/O KRISHNA SHETTY, AGED ABOUT 29 YEARS, RESIDENTS OF AZAD ROAD, NEAR ANHANEASWAMY TEMPLE, GANDHI BAZAAR, HASSAN - 573201. …RESPONDENT (BY SRI.H.T. JAGADEESH, ADVOCATE FOR SRI B.S. RAVIKIRAN, ADVOCATE) THIS CP FILED UNDER SECTION 24 OF CPC, PRAYING TO ORDER TO TRANSFER THE CASE BEARING M.C.No.282/2024 PENDING ON THE FILE OF THE PRINCIPAL FAMILY JUDGE COURT, HASSAN TO THE PRINCIPAL FAMILY JUDGE, BENGALURU TO ADJUDICATE THE MATTERS AS PER LAW IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24241 CP No. 128 of 2025 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed under Section 24 of the Code of Civil Procedure, 19081 by the wife seeking for transfer of MC No.282/2024 pending on the file of the Principal Judge, Family Court, Hassan to the Principal Judge, Family Court, Bengaluru. 2. Heard the submissions of Sri. Vinay Kumar N. D., learned counsel for the petitioner-wife and Sri. H. T. Jagadeesh, learned counsel for Sri. B. S. Ravikiran, learned counsel for the respondent-husband. 3. Learned counsel for the respondent-husband submits that the husband has no objection for grant of relief sought for in the present petition. 4. It is also submitted by the learned counsel for the petitioner that the wife has filed MC No.2927/2025 under 1 Hereinafter referred to as ‘CPC’ for short - 3 - HC-KAR NC: 2025:KHC:24241 CP No. 128 of 2025 Section 9 of the Hindu Marriage Act, 19552, which is pending before the III Additional Principal Judge, Family Court, Bengaluru. 5. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; ii. MC No.282/2024 pending on the file of the Principal Judge, Family Court, Hassan shall stand transferred to the Court of the III Additional Principal Judge, Family Court, Bengaluru to be tried along with MC No.2927/2025; iii. The parties shall appear before the transferee Court on 19.08.2025 without requirement of any further notice being issued in this regard; 2 Hereinafter referred to as ‘HM Act’ for short - 4 - HC-KAR NC: 2025:KHC:24241 CP No. 128 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. In view of the disposal of the main petition, I.A. No.1/2025 also stands disposed of. Sd/- (C.M. POONACHA) JUDGE VBS/List No.: 1 Sl No.: 60