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2025 DAILYLAW 34839 (KAR)

VIJAYALAKSHMI v. SRI. HANUMANTHAPPA T

CP/505/2023 · 2025-02-12

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC:6246 CP No. 505 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 505 OF 2023 BETWEEN: VIJAYALAKSHMI W/O. HANUMANTHAPPA, AGED ABOUT 39 YEARS, R/O MULTISPECIALITY HOSPITAL, CHILD AND WOMEN HOSPITAL, MYSORE ROAD 79, VIDHYANAYANDAHALLI, AMBEDKARA LAYOUT, NAYANDAHALLI, BENGALURU - 560 078. …PETITIONER (BY SRI. RAVINDRA B.S., ADVOCATE) AND: SRI. HANUMANTHAPPA T., S/O THIPPESHAPPA, AGED ABOUT 31 YEARS, R/O KAGATHOORU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT- …RESPONDENT (BY SRI. BASAVARAJAPPA D. R., ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO PASS AN ORDER TO1 PLEASE TO WITHDRAW THE PETITION M.C. PETITION NO. 42/2023 FILED BY THE RESPONDENT UNDER 13(1)(IA) OF HINDU MARRIAGE OF 1955 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC CHANNAGIRI, CHANNAGIRI, DAVANGERE AND TRANSFER THE SAME TO THE Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6246 CP No. 505 of 2023 COURT OF PRL. FAMILY COURT JUDGE, BANGALORE 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.Ravindra.B.S. learned counsel for the petitioner. 2. Though Sri.Basavarajappa.D.R is on record representing the respondent, there is no representation. 3. This petition is filed seeking the Court to transfer MC No.42/2023 which is pending before the Court of Senior Civil Judge, Channagiri to the Court of Principal Judge, Family Court, Bengaluru. 4. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Due to disputes that arose between them, they are residing separately. The petitioner is residing at Bengaluru. The respondent filed a petition seeking a decree of dissolution of - 3 - NC: 2025:KHC:6246 CP No. 505 of 2023 marriage vide MC No.42/2023 and the same is pending at the Court of Senior Civil Judge, Channagiri. The distance between Bengaluru and Channagiri is more than 100 kms. The petitioner, being a woman who has no other assistance, is unable to take up travel for such long distance to attend the Court on each and every date of adjournment. Therefore, she moved the present petition seeking transfer of the case. 5. The grounds urged remain unopposed. Also, the respondent did not choose to state why the relief sought for should not be granted. Further, the grounds projected are convincing. Therefore, this Court considers desirable to honor the request of the petitioner. Thus, the following: ORDER (i) The petition is allowed. (ii) M.C.No.42/2023 which is pending before the Court of Senior Civil Judge, Channagiri is withdrawn and is transferred to the Court of Principal Judge, Family Court, Bengaluru. (iii) The Court of Senior Civil Judge, Channagiri is directed to transmit the entire record in MC No.42/2023 duly indexed to the Court of Principal - 4 - NC: 2025:KHC:6246 CP No. 505 of 2023 Judge, Family Court, Bengaluru within one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 40