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2025 DAILYLAW 34869 (KAR)

SMT. SUCHITRA @ PALLAVI v. SRI. SWAMY.

CP/445/2024 · 2025-04-03

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:14268 CP No. 445 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 445 OF 2024 BETWEEN: SMT. SUCHITRA @ PALLAVI W/O SRI. SWAMY D/O SHIVARAJ H K AGED ABOUT 23 YEARS, R/AT 5TH CROSS WAGISHA NAGAR, GANGAJALA SRI CHAWDESHWARY DEVI MAHADWARA SRI VIRBHADRESHWAR TEMPLE RANIBENNOR TALUK HAVERI DISTRICT-581115 …PETITIONER (BY SRI. USHADEVI K.G., ADVOCATE) AND: SRI. SWAMY. S/O LATE RAMAIAH AGED ABOUT 33 YEARS, R/O DODDA GOWDA DODDI VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430 …RESPONDENT (BY SRI. MAHENDRA G., ADVOCATE) THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL PETITION UNDER SECTION 24 OF CPC, PRAYING THAT THIS HONBLE COURT MAY KINDLY BE PLEASED TO I.TRANSFER THE M.C.NO.66/2023 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT MALAVALLI TO THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT RANEBENURU. II.PASS SUCH OTHER ORDER OR ORDERS AS THIS HONBLE COURT DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14268 CP No. 445 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed seeking transfer of M.C.No.66/2023, pending on the file of the Senior Civil Judge and J.M.F.C. at Malavalli to the Court of Senior Civil Judge and J.M.F.C. at Ranebennuru. 2. The facts of the case are that the marriage between the parties was solemnised on 21.03.2021. In view of the differences between the parties, the wife had started residing at Ranebennuru and filed a Crl.Misc.No.335/2022 under Section 125(1) and (2) of Cr.P.C. seeking maintenance. Thereafter, on 11.08.2023, the husband has filed a petition seeking dissolution of marriage i.e., M.C.No.66/23, on the file of the Senior Civil Judge and J.M.F.C., Malavalli, Mandya. 3. Learned counsel appealing for the petitioner-wife submits that the distance between both the places is about 350 kms. and it is very difficult for the wife to travel on each date of hearing. 4. Learned counsel appearing for the respondent- husband submits that the married life had lost at only for very - 3 - NC: 2025:KHC:14268 CP No. 445 of 2024 short time and he submits that if the matter is transferred, it would cause inconvenience to the husband. 5. Considering the fact that the distance between both the places is about 350 kms. and already the Criminal Miscellaneous is instituted by the wife in the year 2022 before the Courts at Ranebennuru, this Court deems it appropriate to allow the petition. Accordingly, this Court is passing the following: ORDER i) M.C.No.66/2023, pending on the file of the Senior Civil Judge and J.M.F.C. at Malavalli is withdrawn and transferred to the Court of Senior Civil Judge and J.M.F.C. at Ranebennuru. ii) The wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii) Accordingly, the petition is allowed. iv) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA ct: BHK