Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:910 CP No. 208 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 208 OF 2024 BETWEEN:
SMT POOJA PATIL, AGED ABOUT 30 YEARS, W/O VENKAT REDDY, D/O LATE VIJAY KUMAR, ADDRESSED AT NO 5, 8TH 'A' CROSS, VINAYAKA LAYOUT, NAYANADAHALLI, BANGALORE - 560 039.
AADHAR 5177 9541 8196 MBL: 7411183171 …PETITIONER (BY SRI. M. MANJAYYA SHETTY, ADVOCATE FOR SRI. SURESH P.,ADVOCATE) AND:
SRI VENKAT REDDY, AGED ABOUT 30 YEARS, S/O AYYANNAGOUDA DIDDIMANI HOUSE NO 3-65-4, RAICHUR ROAD, NEAR GRAMA PANCHAYAT OFFICE, VTC STATION, SAIDAPUR TALUK, YADGIRI DISTRICT - 585 221.
AADHAR: 3399 0925 4028 MBL : 7847025129 …RESPONDENT (BY SMT. SANDHYA JAMADAGNI, ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:910 CP No. 208 of 2024
THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO WITHDRAW THE M.C. NO. 50/2023 PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND CJM AT YADGIR AND TRANSFER THE CASE TO THE HONBLE PRINCIPAL FAMILY COURT AT BENGALURU.
THIS PETITION, COMING ON FOR PART - HEARD (ADMISSION), THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER
The matter was heard on petitioner's side on 07.01.2025. There was no representation on respondent's side on that day. To give fair opportunity to the respondent to make his submission, the matter was adjourned and was ordered to be listed on this day. Accordingly, the matter is listed. However, even on this day there is no representation on respondent's side on call.
2. This is a petition filed seeking the Court to transfer M.C.No.50/2023 which is pending before the Court of Senior Civil Judge, Yadgir to the Principal Family Court, Bengaluru.
3.
Learned counsel for the petitioner Sri.M.Manjayya Shetty submitted that the petitioner is the legally wedded wife
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NC: 2025:KHC:910 CP No. 208 of 2024 of the respondent. After marriage, disputes arose between them and therefore, they are residing separately. The respondent is an Engineer by profession and he is having good income. The respondent failed to maintain the petitioner. The petitioner is pursuing her studies at Bengaluru at present and is also in search of job. Learned counsel also states that the petitioner filed a petition for restitution of conjugal rights and the said case is pending before the III Additional Family Court, Bengaluru. Learned counsel submits that there is every requirement for transfer of the case not only for the convenience of the petitioner but also for the convenience of the Court as both the matters can be
disposed of simultaneously.
4. The grounds urged and projected for transfer of the case remains unopposed. It is clearly brought on record that M.C.No.6225/2022 which is filed by the petitioner under Section 9 of the Hindu Marriage Act is pending before III Additional Family Court, Bengaluru. Therefore, this Court is of the view that the case in M.C.No.50/2023 which is filed by the respondent for dissolution of marriage is required to be
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NC: 2025:KHC:910 CP No. 208 of 2024 transferred to the same Court for just adjudication. Thus, the following:
ORDER (i) The petition is allowed. (ii) M.C.No.50/2023 which is pending before the Court of Senior Civil Judge, Yadgir is withdrawn and transferred to the III Additional Family Court, Bengaluru. (iii) The Court of Senior Civil Judge, Yadgir is directed to transmit the entire case records in M.C.No.50/2023 duly indexed to the III Additional Family Court, Bengaluru within a period of 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.: 47