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2025 DAILYLAW 27460 (KAR)

SMT AMRUTHA R v. SRI SANDESH R GOWDA

CP/225/2024 · 2025-01-07

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC:205 CP No. 225 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 225 OF 2024 BETWEEN: SMT. AMRUTHA R., W/O. SANDEESH R., AGED 34 YEARS, D/O RAMAKRISHNA, 'HOMBALE' VENKATARAMANA TEMPLE OPP ROAD, SREE LAKSHMI VENKATESWARA BADAVANE BANK COLONY, CHITRADURGA - 577 501. …PETITIONER (BY SRI. JAYANNA G. R.,ADVOCATE) AND: SRI. SANDESH R. GOWDA S/O K. M. RAMAKRISHNA GOWDA 36 YEARS, KATTEKATHANAHALLI, K. R. PETE TALUK, MANDYA DISTRICT- 571 426. …RESPONDENT (NOTICE TO RESPONDENT IS HELD SUFFICIENT, V/O. DATED 07.01.2025) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER THE M.C. No. 78/2022 PENDING BEFORE THE HON'BLE SENIOR CIVIL JUDGE, CHITRADURGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:205 CP No. 225 of 2024 ORAL ORDER Heard Sri.Jayanna.G.R. learned counsel for the petitioner. 2. Notice sent to respondent returned with an endorsement ''refused''. 3. This is an application filed seeking the Court to transfer M.C.No.78/2022 which is pending before the Court of Senior Civil Judge, Krishnarajapete to the Court of Senior Civil Judge, Chitradurga. 4. Learned counsel for the petitioner submits that the petitioner and respondent are legally wedded wife and husband. Disputes arose between them and therefore, they are living separately. The respondent/husband filed a petition seeking dissolution of marriage and the same is pending before the Court of Senior Civil Judge, Krishnarajapete as M.C.No.78/2022. The petitioner/wife is residing at Chitradurga. There is no frequency of buses between Chitradurga and Krishnarajapete. To reach Krishnarajapete where the case is pending, the petitioner/wife has to travel in three different buses. Being woman, she is facing much hardship to attend the Court for each and every adjournment. Therefore, the petitioner/wife moved an application for transfer of the case from the Court of Senior Civil Judge, Krishnarajapete to the Court of Senior Civil Judge, Chitradurga. - 3 - NC: 2025:KHC:205 CP No. 225 of 2024 5. The respondent/husband by refusing to receive the notice, failed to deny the grounds urged seeking transfer of the case. The grounds projected and put forth before this Court seeking transfer of the case thus remain unopposed and are justifiable. 6. Therefore, this Court considers desirable to allow the application and thereby to affect transfer. Thus, the following: ORDER (i) The petition is allowed. (ii) The case in M.C.No.78/2022 that is pending before the Court of Senior Civil Judge, Krishnarajapete is withdrawn and transferred to the Court of Senior Civil Judge, Chitradurga. (iii) The Court of Senior Civil Judge, Krishnarajpete is directed to transmit entire case records to the Court of Senior Civil Judge, Chitradurga duly indexed 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.: 7