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2025 DAILYLAW 27719 (KAR)

SMT. PRABHA. C. R. v. SHRI. SURESHA. M. G.

CP/231/2024 · 2025-04-21

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:16383 CP No. 231 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 231 OF 2024 BETWEEN: SMT. PRABHA. C. R. W/O SURESHA M G AND D/OF RAMACHANDRA AGED ABOAUT 30 YEARS OCC. UNEMPLOYED R/AT HOUSE NO.19/2, SRI VENKATESHWARA NILAYA CANARA BANK DOWN 5TH CROSS BAJAPPA ROAD, VALLABHAVA NAGAR UTTARAHALI BENGALURU-560 061 PRESENTLY R/AT NO.488/1 OLD 3 796/1, VALLABHANAGAR SUBRAMANYAPURA P O UTTARAHALLI BENGALURU-560 061 …PETITIONER (BY SRI. PRASANNA KUMAR S., ADV.) AND: SHRI. SURESHA. M. G. S/O LATE GIRIGOWDA AGED ABOUT 38 YEARS OCC. FARMER R/AT NO.116 MAHADESHWARAPURA VILLAGE MELLUKOTE HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571 434 …RESPONDENT (VIDE ORDER DATED 21.04.2025 NOTICE TO RESPONDENT HELD SUFFICIENT) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16383 CP No. 231 of 2024 THIS CIVIL PETITION IS FILED UNDER SETION 24 OF CPC, PRAYING TO A.WITHDRAW THE ENTIRE PROCEEDINGS IN M.C NO. 44/2022 UNDER SECTION 13(1) (ia) AND (ib) OF THE HINDU MARRIAGE ACT BEFORE THE HONBLE PRL., SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA AT MANDYA PRODUCED AS ANNEXURE A AND TO TRANSFER THE SAME TO THE PRINCIPAL FAMILY JUDGE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed seeking transfer of M.C. No.44/2022, pending on the file of the Principal Senior Civil Judge and JMFC, Pandavapura at Mandya to the Principal Family Judge at Bengaluru. 2. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 01.05.2015 and they stayed together at Srirangapatna, Mandya District. In view of the differences between the parties, the wife has left matrimonial home in December, 2020. The petitioner had filed a case against the respondent under Section 498-A and 506 of IPC r/w - 3 - NC: 2025:KHC:16383 CP No. 231 of 2024 Section 3 and 4 of Dowry Prohibition Act. In that regard, Crime No.147/2020 was registered and the police had filed a charge sheet in C.C No.15597/2021 on the file of 37th ACMM at Bengaluru. After this, on 23.11.2022, the husband had filed petition in M.C No.44/2022 seeking divorce. When the notices are received on 22.06.2024, thereafter, the present petition is filed. 3. Learned counsel appearing for the petitioner submits that the distance between both the places is about 150 kilometers and it is difficult for the wife to travel from Bangalore to Mandya on each date of hearing. It is submitted that already a criminal case is pending before the Court at Bengaluru and to attend the case, the husband has to come to Bengaluru. 4. As per the postal shara, notice sent to respondent is returned as ‘unclaimed’ and notice to respondent is held sufficient. - 4 - NC: 2025:KHC:16383 CP No. 231 of 2024 5. Having heard the learned counsel for the petitioner and perused the entire material on record, considering the fact that already a criminal case is pending on the file of the Family Court at Bengaluru and the distance between Bengaluru and Mandya is about 150 kilometers, this Court deems it appropriate to pass the following order: ORDER i. M.C. No.44/2022, pending on the file of the Principal Senior Civil Judge and JMFC, Pandavapura at Mandya, is withdrawn and the same is transferred to the Family Court, Bengaluru. ii. Accordingly, the Civil Petition is allowed. iii. All I.As. in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE UN List No.: 1 Sl No.: 8