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2025 DAILYLAW 29787 (KAR)

KEERTHI K v. ANIL BABU RATHOD

CP/291/2024 · 2025-03-26

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:12783 CP No. 291 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 291 OF 2024 BETWEEN: KEERTHI K., W/O ANILBABU RATHOD D/O KASHINATHANAYKA AGED ABOUT 25 YEARS R/AT NO.261, KIRTI NILAYA KHB COLONY, NEAR GANESHA TEMPLE CHANNAPATNA, RAMNAGAR DISTRICT -562 160 …PETITIONER (BY SRI. PRASAD B.S., ADVOCATE) AND: ANIL BABU RATHOD S/O LATE BABU RATHODA R/AT THIRTHAHALLI ROAD BARUE VILLAGE, KEREHALLI HOBLI RIPPANPET, HOSANAGAR TALUK -577 426 …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION FILED UNDER SEC 24 OF CODE OF CIVIL PROCEDURE, PRAYING TO WITHDRAW THE DIVORCE PETITION IN MC NO.23/2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC HOSANAGARA, SHIMOGA AND TRANSFER THE SAME TO THE PRINCIPAL SENIOR CIVIL JUDGE AT CHANNAPATNA TO TRY AND DISPOSE IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12783 CP No. 291 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.23/2023 filed by the respondent/husband pending on the file of the Senior Civil Judge and JMFC at Hosanagara, Shimoga to the Principal Senior Civil Judge at Channapatna. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The facts of the case are that the marriage of the petitioner and the respondent was solemnized on 08.12.2019 and in the wedlock they are blessed with a child. In view of the differences between the parties, on 13.06.2023 the husband had filed M.C.No.23/2023 on the file of the Senior Civil Judge and JMFC at Hosanagara, Shimoga seeking divorce. On 14.06.2023, the wife had filed Crl.Misc.No.548/2023 on the file of the Principal Civil Judge and JMFC at Channapatna, seeking maintenance. It is stated that the wife is residing along with her parents at Channapatna and she has to take care of the child, who is aged about 4 years. The distance between both the - 3 - NC: 2025:KHC:12783 CP No. 291 of 2024 places is about 350 kilometers and it is difficult for the wife to travel all the way from Channapatna to Shimoga on the dates of hearing. 4. Though notice is served on the respondent, no vakalath is filed on behalf of him. 5. Having heard the learned counsel for the petitioner, perused the material on record. Considering the facts that the wife is staying at Channapatna, the distance between Channapatna and Shimoga is about 350 kilometers and she has to take care of the child, who are aged about 4 years, this Court deems it appropriate to pass the following: ORDER i. The M.C.No.23/2023 pending on the file of the Senior Civil Judge and JMFC at Hosanagara, Shimoga is withdrawn and transferred to the Principal Senior Civil Judge at Channapatna. ii. The petitioner/wife shall co-operate with the trial and shall not seek unnecessary adjournments. - 4 - NC: 2025:KHC:12783 CP No. 291 of 2024 iii. Accordingly, the Civil Petition is Allowed. iv. All pending I.As., in the civil petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 14