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2025 DAILYLAW 26836 (KAR)

MRS. APOORVI S PADAVAL v. MR.B.C. SHANKAR JADHAV

CP/213/2024 · 2025-01-15

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC:1422 CP No. 213 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 213 OF 2024 BETWEEN: MRS. APOORVI S. PADAVAL W/O MR. B. C. SHANKAR JADHAV, AGED ABOUT 36 YEARS, PERMANENT RESIDENT OF NO. 5334/3, BASAVANAGUDI, NANJANGUDU TOWN AND POST, NANJANGUDU TLAUK, MYSURU DISTRICT, KARNATAKA - 571 301. PRESENTLY RESIDING AT: D.NO.13, 37TH CROSS, MAHADESHWARA BADAVANDE, VIJAYANAGARA, II STAGE, MYSURU KARNATAKA - 570 016. …PETITIONER (BY SRI. MILASH ARROL NORONHA, ADVOCATE) AND: MR.B.C. SHANKAR JADHAV, S/O MR. B. S. CHANDRASHEKAR JADHAV AGED ABOUT 40 YEARS, RESIDING AT D NO.4650/2, 4th MAIN 2ND CROSS, NEAR INDOOR STADIUM, S. S. LAYOUT, 'B' BLOCK, DAVANGERE, KARNATAKA - 577 004. …RESPONDENT (SRI. G.J. SUNKAPUR, ADVOCATE (ABSENT)) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1422 CP No. 213 of 2024 THIS CIVIL PETITION FILED UNDER SEC.24 OF THE CPC, 1908 PRAYING TO WITHDRAW THE ENTIRE PROCEEDINGS IN M.C. NO. 144 OF 2024 PENDING ON THE FILE OF THE LEARNED FAMILY COURT JUDGE, DAVANAGERE AND TO TRANSFER THE SAME FOR ADJUDICATION BEFORE THE LEARNED PRINCIPAL FAMILY COURT, MYSURU. 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 call on the said day. To give fair opportunity to the respondent to make his submission, the matter was ordered to be adjourned and accordingly the matter was adjourned and is listed on this day. However, even on this day there is no representation on respondent's side. 2. The petitioner filed a petition seeking the Court to transfer M.C.No.144/2024 which is pending before the Family Court, Davanagere to the Principal Family Court, Mysuru. 3. Learned counsel for the appellant Sri.Milash A.N. submitted that the petitioner is the legally wedded wife of the respondent. They lead marital life for some time and thereafter - 3 - NC: 2025:KHC:1422 CP No. 213 of 2024 disputes arose between them. The petitioner is residing at Basavanagudi village of Mysuru District at present. The respondent filed a petition seeking dissolution of marriage vide M.C.No.144/2024 and the same is pending before the Family Court, Davanagere. The distance between Basavanagudi Village and Davanagere is around 380 kms. The petitioner is unable to travel such a long distance, that too alone and therefore she filed the present petition seeking transfer of the case. 4. The grounds urged and projected are convincing. Also the said grounds remain unopposed. 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.144/2014 which is pending before the Family Court, Davanagere, is withdrawn and transferred to the Principal Family Court, Mysuru. iii) The Family Court, Davanagere, is directed to transmit the entire records in M.C.No.144/2024 duly indexed to the - 4 - NC: 2025:KHC:1422 CP No. 213 of 2024 Principal Family Court, Mysuru within a period of one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 57