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2025 DAILYLAW 34426 (KAR)

SMT BINDUSHREE C v. SRI GOPIKRISHNA H C

CP/437/2024 · 2025-02-10

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC:5828 CP No. 437 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 437 OF 2024 BETWEEN: SMT. BINDUSHREE C., AGED ABOUT 28 YEARS, D/O.SRI.G.CHALAPATHI, W/O. GOPIKRISHNA, PRESENTLY RESIDING AT: NO.299/66, 4TH MAIN, 3RD CROSS, AMARAVATHI LAYOUT, BANGARPET, KOLAR DISTRICT- 563162. ALSO R/AT: DODDAMARIHALLI VILLAGE, KETHAGANAHALLI POST, BANGARPET TALUK, KOLAR DISTRICT-563 129. …PETITIONER (BY SRI. CHETHAN A., ADVOCATE) AND: SRI. GOPIKRISHNA H. C., AGED ABOUT 33 YEARS, S/O. SELVARAJ.C.H, R/AT NO.G.5, GROUND FLOOR, SAMBHA KRISHNA RESIDENCY, ANKAPPA LAYOUT, UTTARAHALLI, BENGALURU SOUTH, BENGALURU-560 061. …RESPONDENT (BY SRI. AFROZ PASHA, ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO PASS ORDERS DIRECTING THE LEARNED VI ADDL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO TRANSFER THE PETITION FILED BY Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5828 CP No. 437 of 2024 THE RESPONDENT IN MC NO. 1810/2024 TO THE COURT OF HON'BLE SENIOR CIVIL JUDGE AND PRL. JMFC COURT AT KGF (SITTING AT BANGARPET) WHEREIN, MC NO. 145/2024 FILED BY THE PETITIONER IS PENDING OF ADJUDICATION 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.Chethan A., learned counsel for the petitioner as well as Sri.Afroz Pasha, learned counsel for the respondent. 2. This is a petition filed under Section 24 of the Code of Civil Procedure seeking the Court to transfer M.C.No.1810/2024 which is pending before the Court of VI Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, K.G.F. (sitting at Bangarpet). 3. Learned counsel for the petitioner states that the petitioner is the legally wedded wife of the respondent. Due to the dispute arose between them they are residing separately. The respondent filed a petition seeking restitution of conjugal rights vide M.C.No.1810/2024 and the same is pending before the Court of VI Additional Principal Judge, Family Court, - 3 - NC: 2025:KHC:5828 CP No. 437 of 2024 Bengaluru. The petitioner who is a resident of Bangarpet is facing much difficulty in attending the Court at Bengaluru on each and every date of adjournment. Therefore, she moved the present petition seeking transfer. 4. Learned counsel for the respondent submits that the respondent has no objection to effect transfer as prayed for. 5. Gone through the contents of the petition as well as the material available on record. Having considered the grounds urged which remains unopposed, this Court is of the view that transfer as prayed for is required to be effected . Thus, the following ORDER (i) The petition is allowed. (ii) M.C.No.1810/2024 which is pending before the Court of VI Additional Principal Judge, Family Judge, Bengaluru is withdrawn and is transferred to the Court of Senior Civil Judge, K.G.F. (sitting at Bangarpet). (iii) The Court of VI Additional Principal Judge, Family Judge, Bengaluru is directed to transmit the entire record in - 4 - NC: 2025:KHC:5828 CP No. 437 of 2024 M.C.No.1810/2024 duly indexed to the Court of Senior Civil Judge, K.G.F. (sitting at Bangarpet) within one week from the date of receipt of copy of this order. (iv) Parties to the proceedings are directed to make their appearance before the Court of Senior Civil Judge, K.G.F. (sitting at Bangarpet) on 17.03.2024. (v) Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 57