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2025 DAILYLAW 28572 (KAR)

MRS BHAGYASHREE J v. MR DILEEP KUMAR S J

CP/211/2025 · 2025-07-11

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25578 CP No. 211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO. 211 OF 2025 BETWEEN: MRS.BHAGYASHREE.J W/O DILEEP KUMAR.S.J C/O JAYANNA.R AGED ABOUT 27 YEARS R/AT NO. 57 'SRI BANASHANKARI NILAYA' MAIN ROAD, BESIDE STATE BANK OF INDIA, VIJAYANAGAR, HOSADURGA 577 527. …PETITIONER (BY SRI. NIKHIL.K.N. ADVOCATE FOR SRI.SANGAMESHA B., ADVOCATE) AND: MR. DILEEP KUMAR.S.J. S/O LATE JAYANNA.S.C AGED ABOUT 30 YEARS R/AT NO. 38, J.V ENCLAVE K.G NAGAR, VIDYARANYAPURA BENGALURU - 560 097. …RESPONDENT (BY SRI. JAGADEESH C.G. ADVOCATE FOR SRI.B.V.M.ADEKAR., DVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO ORDER OF TRANSFER OF M.C. NO. 2940/2024 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO CIVIL JUDGE (JUNIOR DIVISION) AND JMFC AT HOSADURGA AND GRANT SUCH OTHER ORDER OR DIRECTION AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25578 CP No. 211 of 2025 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed under section 24 of the Code of Civil Procedure, 19081 by the wife seeking for transfer of MC.No.2940/2024 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru to the Court of the Senior Civil Judge and JMFC, Hosadurga. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. Heard submissions of learned counsel Sri.Nikhil.K.N., for learned counsel Sri.B.Sangamesha, appearing for the petitioner - wife and the learned counsel Sri.Jagadeesh.C.G. for learned counsel Sri.B.V.Mohan Adekar, appearing for the respondent - husband. 4. Learned counsel for the respondent - husband has filed statement of objections to the petitioner, as also I.A.No.2/2025 for vacating Ad-interim stay. This day, the learned counsel for the respondent - husband has filed a memo 1 Hereinafter referred to as 'CPC' - 3 - HC-KAR NC: 2025:KHC:25578 CP No. 211 of 2025 placing on record that the respondent - husband has no objections for transfer of MC.No.2940/2024 to the Court of the Senior Civil Judge, Hosadurga. 5. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; ii. MC.No.2940/2024 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru, shall stand transferred to the Court of the Senior Civil Judge and JMFC, Hosadurga; iii. Both the parties shall appear before the learned Senior Civil Judge and JMFC, Hosadurga on 31.07.2025 without the requirement of any further notice being issued in this regard; iv. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law; v. All contentions of the parties are left open. - 4 - HC-KAR NC: 2025:KHC:25578 CP No. 211 of 2025 vi. In view of the disposal of the main petition, interim application also stands disposed off. SD/- (C.M. POONACHA) JUDGE BKN/List No.: 1 Sl No.: 71