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2025 DAILYLAW 34050 (KAR)

SOWMYA R v. NAVEEN L H

CP/417/2024 · 2025-03-06

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:9690 CP No. 417 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 417 OF 2024 BETWEEN: SOWMYA R, WIFE OF SHRI. NAVEEN L.H, DAUGHTER OF SHRI. RANGANATHACHAR, AGED ABOUT 41 YEARS, RESIDENT OF BADAVANAHALLI VILLAGE, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 112. …PETITIONER (BY SRI. VIVEK B. RAMAKRISHNA, ADVOCATE) AND: NAVEEN L.H, SON OF HANUMANTHACHAR L.K AGED ABOUT 48 YEARS, RESIDING AT NO. 2323A, VISHWASILPI, 7TH CROSS, NEAR PARK SOUTH, VIDYA NAGAR, DAVANAGERE DISTRICT - 577 005. …RESPONDENT (BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE FOR SRI. S.G. RAJENDRA REDDY, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC 24, READ WITH SECTION 151 OF THE CPC, 1908, SEEKING TRANSFER OF THE PROCEEDINGS PRAYING TO A. PASS AS ORDER UNDER Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9690 CP No. 417 of 2024 SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, AND TRANSFER M.C. CASE BEARING NO 168/2024, PENDING ON THE FILE OF THE FAMILY COURT JUDGE, DAVANGERE, TO THE COURT OF LD. SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, FOR FURTHER ADJUDICATION AND DISPOSAL. 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 seeking transfer of M.C. No.168/2024, pending on the file of the Family Court at Davanagere to the Court of Senior Civil Judge and J.M.F.C., Madhugiri. 2. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 07.05.2008 and in the wedlock, they are blessed with a daughter, who is aged about 15 years. In view of the differences between the parties, the respondent herein had filed M.C. No.168/2024 before the Family Court at Davanagere seeking divorce. - 3 - NC: 2025:KHC:9690 CP No. 417 of 2024 3. Learned counsel appearing for the petitioner-wife submits that in view of the disputes between the parties, the petitioner is staying along with her parents and she has to take care of the daughter and also she is suffering with health ailments and the distance between both the places is about 170 kms. and it is difficult for her to travel all the way from Madhugiri to Davanagere. As such, she has come before this Court seeking transfer of M.C.No.168/2024. 4. Learned counsel appearing for the respondent - husband submits that though it is stated that she is suffering with health ailments, no reasons are stated. If the matter is transferred as well it would cause lot of hardship to the husband. 5. Having heard learned counsel on either side, perused the material on record. The distance between Davanagere and Madhugiri is about 170 kms. In the wedlock, they are blessed with a daughter, who is aged 15 years old and she is residing with her mother and the mother has to take care of the daughter. Considering the inconvenience caused to the - 4 - NC: 2025:KHC:9690 CP No. 417 of 2024 mother, this Court deems it appropriate to allow this petition. Accordingly, this Court is passing the following: ORDER 1. M.C.No.168/2024, pending on the file of the Family Court at Davanagere is withdrawn and transferred to the Senior Civil Judge and J.M.F.C., Madhugiri. 2. The wife shall co-operate with the trial and shall not seek unnecessary adjournments. 3. Both the parties shall appear before the Court on 07.04.2025 without further notice from the Court. 4. Accordingly, the petition is allowed. 5. All the IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 15 CT: BHK