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2025 DAILYLAW 28551 (KAR)

SMT MADHUSHREE v. SRI HRISHIKESH N

CP/257/2024 · 2025-01-06

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC:98 CP No. 257 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 257 OF 2024 BETWEEN: SMT. MADHUSHREE W/O HRISHIKESH N. AGED ABOUT 35 YEARS, R/AT BASAVESHWARA NILAYA, FOOTBALL NAGEGOWDA ROAD, 3RD CROSS, MARIGOWDA LAYOUT, MANDYA DISTRICT, MANDYA - 571 401. …PETITIONER (BY SRI. VENKATESH H. N.,ADVOCATE) AND: SRI. HRISHIKESH N., S/O. G. S NAGABHUSHANA, AGED ABOUT 34 YEARS, RESIDING AT NO. 146/12 RMV 2ND STAGE, NEAR MUNDESHWARA TEMPLE, NAGASHETTYHALLI, SANJAYNAGAR, BENGALURU - 560 094. …RESPONDENT (BY SRI. KUMARA K. G.,ADVOCATE) THIS CIVIL PETITION UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO TRANSFER M.C. NO. 2338/2024, PENDING ON THE FILE OF IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, BENGALURU SOUTH BENGALURU TO EITHER MYSURU FAMILY COURT FOR FINAL DISPOSAL IN ACCORDANCE WITH LAW, AS IT IS Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:98 CP No. 257 of 2024 INCONVENIENT TO THE PETITIONER TO TRAVEL FROM MANDYA TO BENGALURU COURT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Venkatesh H.N., learned counsel for the petitioner as well as Sri.Kumara K.G., learned counsel for the respondent. 2. This is a petition filed under Section 24 of the CPC seeking the Court to transfer M.C.No.2338/2024 that is pending before Family Court, Bengaluru. 3. Making his submission with regard to merits of the matter Sri.Venkatesh H.N., learned counsel for the petitioner states that the petitioner is the legally wedded wife of the respondent. The respondent filed M.C.No.2338/2024 seeking a decree of divorce. Learned counsel states that the petitioner gave birth to twin female babies and they are aged 18 months at present. The petitioner is facing much hardship to visit Bengaluru and attend each and every adjournment, in the light of the fact that her children are tender aged and there are none - 3 - NC: 2025:KHC:98 CP No. 257 of 2024 to look after them. Learned counsel thereby seeks to transfer the case as prayed for. 4. Sri.Kumara K.G., learned counsel for the respondent submits that the petitioner is working at Mandya and is residing there. There is no reason for her to seek for transfer to the Court at Mysuru, when there is Court at Mandya itself which can deal with the matter. Learned counsel also states that as the petitioner is residing at Mandya, it would be convenient for her to attend at Mandya and therefore the case may be transferred to Mandya. 5. Learned counsel for the petitioner on hearing learned counsel for respondent seeks to pass orders in the light of the submission that is made by learned counsel for the respondent. 6. Thus, having considered the submission made by both the learned counsel, this Court is of the view that transfer of the case which is pending at Bengaluru can be effected to Mandya, so that the petitioner can conveniently attend the proceedings. 7. Thus, the petition is disposed of with the following - 4 - NC: 2025:KHC:98 CP No. 257 of 2024 ORDER (i) M.C.No.2338/2024 that is pending before the Family Court, Bengaluru, is withdrawn and transferred to the Court having jurisdiction to deal with at Mandya. (ii) The Family Court Bengaluru, is directed to transmit the entire record in M.C.No.2338/2024 duly indexed to the Family Court, Mandya, within one week from the date of receipt of copy of this order. (iii) Parties to the proceedings are directed to appear before the Family Court, Mandya, on 12.02.2025. (iv) No separate notice is required to be issued to the parties to the proceedings for appearance. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM, List No.: 1 Sl No.: 44