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2025 DAILYLAW 33886 (KAR)

SMT. HARSHITHA PUROHIT v. SRI. SURAJ. M

CP/411/2024 · 2025-01-07

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC:410 CP No. 411 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 411 OF 2024 BETWEEN: SMT. HARSHITHA PUROHIT, W/O SURAJ M, D/O RAMESH PUROHIT, AGED ABOUT 25 YEARS, R/AT 13/25, NEAR SURABHI MADWASADHANA, S.N. PET, 3RD CROSS, BALLARI, AND ALSO AT R/AT NO. 19TH FLOOR, BLOCK 1, INDIAN BULLS GREEN, PANVEL, NAVI MUMBAI, MAHARASTRA 410 221 …PETITIONER (BY SRI. PHANIRAJ KASHYAP, ADVOCATE) AND: SRI. SURAJ M., S/O LATE SRI. H.S. MANJUNATH, AGED ABOUT 29 YEARS, R/AT NO. 46, 13TH MAIN ROAD, 9TH BLOCK, NEAR SHAKTHI GARDEN, NAGARBHAVI 2ND STAGE, BANGALORE 560 072 …RESPONDENT (BY SRI. SHIVAKUMAR SANGANAGOUDA, ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:410 CP No. 411 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO PASS 1.TRANSFER M.C. NO. 423/2024 PENDING BEFORE THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO PRINCIPAL JUDGE, FAMILY COURT, BELLARY. 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. Phaniraj Kashyap, learned counsel for the petitioner as well as Sri.Shivakumar Sanganagouda, learned counsel for the respondent. 2. Seeking transfer of M.C. No.423/2024 which is pending before the Court of VI Additional Principal Judge, Family Court, Bengaluru to the Court of Principal Judge, Family Court, Bellary the present petition is filed under Section 24 of the Code of Civil Procedure. 3. Learned counsel for the petitioner states that the petitioner is the wife of the respondent and after marriage disputes arose between them and therefore they are - 3 - NC: 2025:KHC:410 CP No. 411 of 2024 residing separately. The petitioner is residing at Bellary and the respondent is residing at Bengaluru. Two cases are pending against the respondent at Bellary. The respondent filed a petition seeking dissolution of marriage i.e., M.C. No.423/2024 and the same is pending before the Family Court, Bengaluru. The petitioner is facing much difficultly in traveling all the way from Bellary to attend the Court at Bengaluru and therefore this petition is moved seeking the Court to transfer the case to Bellary. 4. The submission that is made by learned counsel for the respondent is that the respondent does not seriously object for effecting such transfer having regard to the inconvenience of the petitioner. But the respondent apprehends that on transfer of the case, the petitioner may prolong with proceedings so as to cause inconvenience to the respondent and the same may be curtailed. - 4 - NC: 2025:KHC:410 CP No. 411 of 2024 5. In reply to the said submission, learned counsel for the petitioner states that the petitioner also intends for expeditious disposal of the case. 6. Having considered the submission thus made, this Court is of the view that transfer as prayed for can be effected. Thus, the following:- ORDER i. The petition is allowed. ii. M.C. No.423/2024 which is pending before the Court of VI Additional Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the Court of Principal Judge, Family Court, Bellary. iii. The Court of VI Additional Principal Judge, Family Court, Bengaluru is directed to transfer the entire record in M.C. No.423/2024 duly indexed to the Court of Principal Judge, Family Court, Bellary within one week from the date of receipt of copy of this order. - 5 - NC: 2025:KHC:410 CP No. 411 of 2024 iv. Parties to the proceedings are directed to appear before the Court of Principal Judge, Family Court, Bellary on 25.02.2025. No further notice is required to be issued to the parties. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 41