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2025 DAILYLAW 26144 (KAR)

SMT. A AMULYA REDDY v. SRI. NANDISH N

CP/203/2024 · 2025-02-14

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC:6664 CP No. 203 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 203 OF 2024 BETWEEN: SMT. A AMULYA REDDY, W/O SRI NANDISH NAGARAJ, D/O. A. HEMA REDDY, AGED ABOUT 30 YEARS, R/O SUBBULU COMPOUND, BEHIND SUCO BANK, MOKA ROAD, GANDHINAGAR BALLARI - 583 101. REPRESENTED BY HER GPA HOLDER, SRI. A. HEMA REDDY, S/O. LATE A. HANUMANTHAPPA, …PETITIONER (BY SRI. SRI. VINAY SHREYAS K.V., ADVOCATE FOR SRI. PRAMODA GOWDA T. P. ,ADVOCATE) AND: SRI. NANDISH N., S/O. SRI. M. B. NAGARAJ, AGED ABOUT 37 YEARS, NO. 108/F, 2ND MAIN ROAD, NEAR CENTRAL EXCISE PARK, M. L. A. LAYOUT, RMV 2ND STAGE BOOPASANDRA, BANGALORE - 560 094. …RESPONDENT (V/O. DATED 10.01.2025, NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER THE CASE M.C.NO. 5735/2021 PENDING ON THE FILE OF THE PRL. JUDGE FAMILY COURT, AT Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6664 CP No. 203 of 2024 BANGALORE TO PRL. FAMILY COURT AT BALLARI FOR TRIAL AND DISPOSAL IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Vinay Shreyas.K.V. who represents Sri.Pramod Gowda.T.P. learned counsel on record for the petitioner. Notice sent to the respondent returned with an endorsement 'unclaimed'. 2. This is a petition filed seeking the Court to transfer MC No.5735/2021 which is pending before the Court of Principal Judge, Family Court, Bengaluru to the Court of Principal Judge, Family Court, Ballari. 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 petitioner is a student and she is solely depending upon her father for her livelihood. The respondent filed a petition for restitution of conjugal rights i.e., MC No.5735/2021 before the Court of Principal Judge, Family - 3 - NC: 2025:KHC:6664 CP No. 203 of 2024 Court, Bengaluru. The petitioner is residing at Ballari and the distance between Ballari and Bengaluru is around 350 kms. The petitioner is unable to take up travel for such long distance and she has no financial capacity to do so. That apart, two other cases are pending between the parties and those cases are pending at Ballari. Therefore, the petitioner moved the present petition seeking transfer of the case. 4. The grounds urged remain unopposed. Also, the said grounds are convincing. Therefore, this Court is of the view that transfer as prayed for is required to be effected. Thus, the following: ORDER (i) The petition is allowed. (ii) M.C.No.5735/2021 which is pending before the Court of Principal Judge, Family Court, Bengaluru is withdrawn and is transferred to the Court of Principal Judge, Family Court, Ballari. (iii) The Court of Principal Judge, Family Court, Bengaluru is directed to transmit the entire record in MC No.5735/2021 duly indexed to the Court of - 4 - NC: 2025:KHC:6664 CP No. 203 of 2024 Principal Judge, Family Court, Ballari within one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 51