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2025 DAILYLAW 22147 (KAR)

SMT. PALLAVI v. SRI. TARANATH C.P.

CP/154/2024 · 2025-03-27

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:13448 CP No. 154 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 154 OF 2024 BETWEEN: SMT. PALLAVI, W/O. TARANATH.C.P, D/O. VENKATESHWARAPPA .S, AGED ABOUT 34 YEARS, R/O 3RD MAIN, 14TH CROSS, BEHIND AMITH THEATER, VINODHANAGAR, DAVANAGERE -570 001. …PETITIONER (BY SRI. PAVAN H.K., ADVOCATE) AND: SRI. TARANATH C.P., S/O. CHANDRAPPA, AGED ABOUT 38 YEARS, R/O. 11TH CROSS, MATHANGAMMANA BEEDI, VIDYANAGAR, SHIVAMOGGA-577 201. …RESPONDENT (V/O/D 24.02.2025 SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT) THE CIVIL PETITION IS FILED UNDER SEC.24 R/W SECTION 151 OF CPC, PRAYING TO SECURE THE RECORDS OF MC.NO.303/2022 PENDING IN THE FILE OF PRL. JUDGE, FAMILY COURT AT SHIVAMOGGA, TO ALLOW THIS PETITION AND ORDER FOR TRANSFERRING M.C.NO.303/2022 PENDING ON THE FILE OF PRL. JUDGE, FAMILY COURT AT SHIVAMOGGA TO THE FAMILY COURT AT DAVANGERE TO SECURE THE ENDS OF JUSTICE AND EQUITY AND ETC. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13448 CP No. 154 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of MC.No.303/2022 filed by the respondent/husband pending on the file of the Principal Judge, Family Court, Shivamogga to the Family Court at Davangere. 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 29.05.2013 at Shivamogga and out of the wedlock they are blessed with a girl child on 02.03.2014. In view of the differences between the parties on 30.11.2012, the husband had filed M.C. No.303/2022 on the file of the Principal Judge, Family Court, Shivamogga seeking dissolution of marriage. On 02.12.2022, the petitioner/wife had given a complaint under section 498A, 323, 342, 114, 504, 506 Read with Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 2005 at Davangere Women Police Station and on 15.03.2023, she also - 3 - NC: 2025:KHC:13448 CP No. 154 of 2024 filed Crl.Misc.No.251/2023 under section 12 of Domestic Violence Act, 2005 before the IV Addl. Civil Judge and JMFC, Davangere. 4. Learned counsel appearing for the petitioner/wife submits that she has to take care of the minor girl child and also the distance between both the places is about 100 kilometers and it is difficult for the wife to travel all the way from Davangere to Shivamogga. 5. Notice to the respondent is held sufficient by this Court by order dated 24.02.2025. 6. Having heard the learned counsels for the petitioner/wife, perused the material on record. Considering the fact that already two cases are pending at Davangere and the distance between Davangere to Shivamogga is about 100 kilometers and the inconvenience that is being caused to the wife, this Court deems it appropriate to pass the following order: ORDER i. The M.C.No.303/2022 filed by the respondent/husband pending on the file of the - 4 - NC: 2025:KHC:13448 CP No. 154 of 2024 Principal Judge, Family Court, Shivamogga is withdrawn and the same is transferred to the Family Court, Davangere. ii. The wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii. Accordingly, the Civil Petition is allowed. iv. All I.As. in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 21