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2025 DAILYLAW 33811 (KAR)

SMT REKHA M v. NAVVEEN M

CP/406/2024 · 2025-04-09

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:15567 CP No. 406 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 406 OF 2024 BETWEEN: SMT. REKHA M., D/O GANGAPPA W/O NAVEEN M., AGED ABOUT 33 YEARS, EXCISE CONSTABLE, OFFICE OF THE EXCISE SUPERINTENDENT, BIDAR, M/S AMR WINERIES, HUMNABAD, BIDRA DISTRICT. NOW R/AT H NO. 4-388/5, NEAR CHANDRAKERI HANUMAN TEMPLE, KALBURGI, UPPER LANE SANTRASHWADI MAKTAMPUR, KALBUGI-585 101 …PETITIONER (BY SRI. ARAVIND H., ADVOCATE) AND: 1. NAVVEEN M., S/O MAHADEV SHETTY, AGED ABOUT 35 YEARS, RESIDING AT NO.34, VINAYAKA LAYOUT, ULLAL, BANGALORE-560 056 2. SRINIVASA MURTHY S/O NOT KNOW TO THE PETITIONER, AGED ABOUT 46 YEARS, EXCISE GUARD, OFFICER OF THE EXCISE SUPERINTENDENT, M/S UNITED BREWERIES LIMITED, NELAMANGALA TALUK, BANGALORE-562 123 …RESPONDENTS (BY SRI. SUDHA G., ADVOCATE FOR R1 V/O/D 7/1/2015 NOTICE TO R2 IS D/W) Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15567 CP No. 406 of 2024 THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE 1908, PRAYING TO WITHDRAW THE M.C. NO.3822/2021 ON FILE OF PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE AND TRANSFER THE SAME TO FAMILY COURT AT KALBURGI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.3822/2021 filed by the respondent No.1/husband pending on the file of the Principal Judge, Family Court at Bangalore, to the file of Family Court at Kalburgi. 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 between the petitioner and respondent No.1 was solemnized on 21.02.2021. The husband had filed M.C.No.3822/2021 seeking divorce. The wife is working as Excise Guard at Bangalore Rural District and she has been transferred to Bidar District and it is difficult for her to attend the Court at Bangalore. As such, - 3 - NC: 2025:KHC:15567 CP No. 406 of 2024 M.C.No.3822/2021 may be transferred to Family Court at Kalburgi. 4. Learned counsel appearing for respondent No.1/ husband submits that M.C.No.3822/2021 is filed in the year 2021 and from there on several applications are filed and several adjournments are sought by the wife and for cross- examination, the wife had taken a lot of time and also filed applications to recall for further cross-examination. After filing these many applications, after hearing the matters at length by the court, now at this point of time, the wife cannot seek transfer of M.C.No.3822/2021. 5. Having heard the learned counsels on either side, perused the material on record. This is MC of the year 2021 and a perusal of the order sheets shows that the case is contested by the wife and having contested the same for such a long time filed this petition seeking transfer in the year 2024. It is submitted that earlier the wife was working in Bangalore and now she is transferred to Bidar District, as such, this petition is filed seeking transfer of M.C.No.3822/2021. - 4 - NC: 2025:KHC:15567 CP No. 406 of 2024 6. Considering the fact that already considerable time is spent by the Court on this case and the matter is coming up for cross-examination, at this stage, this Court is not inclined to transfer the petition. Accordingly, this Court is disposing this petition: ORDER i. Balancing the interest of both the parties, the Principal Judge, Family Court at Bangalore, is directed to dispose off M.C.No.3822/2021 as expeditiously as possible, but not later than six months and the wife shall not seek unnecessary adjournment. ii. Accordingly, the Civil Petition is disposed off. iii. All I.As. in this Civil Petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 39