Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1855 CP No. 331 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 331 OF 2024 BETWEEN:
SMT. SHWETHA S AGE 39 YEARS, W/O SHASHIKUMAR M J R/O DOOR NO. 120, BANASHANKARI NEILAYA, 3RD MAIN, 4TH CROSS, MPM LAYOUT, MALLATHAHALLI,BENGALURU PIN CODE-560056. …PETITIONER (BY SRI. LAXMI NARAYAN N. HEGDE,ADVOCATE) AND:
SRI SHASHIKUMAR M. J., AGE 41 YEARS, S/O JAYAPRAKASH, R/O MEESETHIMMANAHALLI VILLAGE, HONNAVALLI HOBLI, TIPATUR TALUK, PINCODE-560 056.
ALSO RESIDING AT NO. 46, 6TH MAIN, 8TH CROSS, UPANAGAR, BENGALURU-560 060.
WORKING AT STANZEN TOYOTESTU INDIA PVT. LTD., PLOT NO. 20, BUILDING NO. 2 BIDADI INDUSTRIAL, AREA, BIDADI POST, RAMANAGARA, DISTRICT, PINCODE-562 109. …RESPONDENT (BY SRI. RAMESH P. KULKARNI,ADVOCATE)
THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO PASS AN ORDER A DIRECTING TO Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1855 CP No. 331 of 2024 TRANSFER THE MC No. 54/2024 PENDING BEFORE THE SENIOR CIVIL JUDGE, AND JMFC, TIPTUR, TUMKUR DISTRICT, FILED BY THE RESPONDENT AGAINST THE PETITION UNDER SECTION 13 (1)(1A) AND (1B) OF HINDU MARRIAGE ACT FOR DIVORCE TO THE HONBLE PRINCIPAL FAMILY COURT AT BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY.
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.Laxminarayan.N.Hegde, learned counsel for the petitioner as well as Sri.Ramesh.P.Kulkarni, learned counsel for the respondent.
2. This is a petition filed under Section 24 of Code of Civil Procedure seeking the Court to transfer M.C.No.54/2024 which is pending before the Court of Senior Civil Judge, Tiptur to the Principal Family Court, Bengaluru.
3.
Learned counsel for the petitioner states that the petitioner is the wife of the respondent. On the relationship between them became strained, they started
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NC: 2025:KHC:1855 CP No. 331 of 2024 living separately. The petitioner as well as the respondent are residing at Bengaluru only. However, the respondent with an intention to harass the petitioner filed a petition vide M.C.No.54/2024 at his native place Tiptur. It would be convenient for the petitioner as well as the respondent to attend the Court at Bengaluru and to pursue the matter. Therefore, transfer as prayed for may be effected.
4. Though learned counsel for the respondent opposed for such a transfer, he did not deny the fact that the respondent is also residing at Bengaluru at present.
5 Therefore, having considered the place of residence of both the parties, this Court is of the view that transfer as prayed for is required to be effected.
6. Thus the following:
ORDER (i) The Petition is allowed. (ii) M.C.No.54/2024 which is pending before the Court of Senior Civil Judge, Tiptur is
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NC: 2025:KHC:1855 CP No. 331 of 2024 withdrawn and transferred to the Principal Family Court, Bengaluru. (iii) The Court of Senior Civil Judge, Tiptur is
directed to transmit the entire records in M.C.No.54/2024 duly indexed to the Principal Family Court, Bengaluru within a period of one week from the date of receipt of copy of this order. (iv) Both the parties are directed to make their appearance before the Principal Family Court, Bengaluru on 04.03.2025. Issuance of further notice to the parties is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 17