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2025 DAILYLAW 25728 (KAR)

SUCHITHRA S v. RAJESH @ RAJU

CP/199/2024 · 2025-02-17

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC:6921 CP No. 199 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 199 OF 2024 BETWEEN: SUCHITHRA S., W/O RAJESH @ RAJU, AGED ABOUT 27 YEARS, R/AT HANAGODU VILLAGE, HUNSUR TALUK, MYSURU - 571 105. …PETITIONER (BY SRI. PRITHVI RAJ B. N., ADVOCATE) AND: RAJESH @ RAJU, S/O MADESHA, AGED ABOUT 30 YEARS, R/AT MAREHALLI VILLAGE, MALAVALLI TALUK, MANDYA - 571 430. …RESPONDENT (BY SRI. SHIVAKUMAR D. M., ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO PASS AN ORDER TRANSFERRING M.C. NO. 25/2024 PENDING BEFORE THE COURT OF SENIOR CIVIL JUDGE AND JMFC, MALAVALLI TO THE COURT OF PRL. SENIOR CIVIL JUDGE AND JMFC AT HUNSUR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6921 CP No. 199 of 2024 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Prithvi Raj.B.N, learned counsel for the petitioner. Though Sri.Shivakumar.D.M, is on record representing the respondent, learned counsel failed to make his appearance. 2. This petition is filed seeking the Court to transfer M.C.No.25/2024 which is pending before the Court of Senior Civil Judge, Malavalli to the Court of Principal Senior Civil Judge, Hunsur. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Due to disputes that arose between them, they are residing separately. The respondent filed a petition that is M.C.No.25/2024 seeking restitution of conjugal rights and the same is pending before the Court of Senior Civil Judge, Malavalli. Learned counsel submits that the petitioner is a - 3 - NC: 2025:KHC:6921 CP No. 199 of 2024 resident of Hunsur Taluk and the distance between her place of residence and Malavalli where the case is pending is around 120 Kms. There is no direct bus connectivity between both the places. The petitioner has to change and travel in three buses to reach Malavalli. Further the petitioner is looking after the child born out of the lawful wedlock and the said child is aged about 3 years at present. Therefore, she filed the present petition seeking transfer of the case. 4. The grounds urged remains unopposed. Also the said grounds are convincing. Therefore, this Court is of the view that the transfer as prayed for is required to be effected. 5. Thus, the following: ORDER (i) The Petition is allowed. (ii) M.C.No.25/2024 which is pending before the Court of Senior Civil Judge, Malavalli is - 4 - NC: 2025:KHC:6921 CP No. 199 of 2024 withdrawn and is transferred to the Court of Principal Senior Civil Judge, Hunsur. (iii) The Court of Senior Civil Judge, Malavalli is directed to transmit entire record in M.C.No.25/2024 duly indexed to the Court of Principal Senior Civil Judge, Hunsur within one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 29