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2025 DAILYLAW 34919 (KAR)

SMT. BHAIRAVI C v. SRI. CHALUVARAJU .K

CP/464/2024 · 2025-01-07

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC:409 CP No. 464 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. 464 OF 2024 BETWEEN: SMT. BHAIRAVI C., W/O CHALUVARAJU K, D/O LATE CHIKKANNA, AGED ABOUT 33 YEARS, RESIDING AT SARAGURU VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT 571 440 …PETITIONER (BY SRI. GIRISH M.K., ADVOCATE) AND: SRI. CHALUVARAJU K., S/O LATE KRISHNAPPA, AGED ABOUT 34 YEARS, RESIDING AT NO. 163/2, 1ST FLOOR, HEBBALU MAIN ROAD, LOKANAYAKA NAGARA, METAGALLI, MYSORE 570 016. …RESPONDENT (BY SRI. LETHIF B., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO PASS AN ORDER FOR TRANSFERRING THE PETITION BEARING M.C.NO. 902/2024 PENDING BEFORE THE PRINCIPL JUDG FAMILY COURT, MYSORE TO THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:409 CP No. 464 of 2024 AND J.M.F.C. KOLLEGALA AND PASS ANY APPROPRIATE ORDERS AS THIS HONBLE COURT MAY DEEMS FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE ALONG WITH COSTS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Miss Shreya.G, who appears through video conference and represents Sri.Girish.M.K, learned counsel on record for the petitioner. Also heard Sri.Mohammed Kalif who appears physically before this Court and represents Sri.Lethif.B, learned counsel on record for the respondent. 2. This is a petition filed under Section 24 of the Code of Civil Procedure, 1908 seeking the Court to transfer M.C. No.902/2024 which is pending before the Court of Principal Judge, Family Court, Mysuru to the Court of Principal Senior Civil Judge, Kollegala. - 3 - NC: 2025:KHC:409 CP No. 464 of 2024 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Their marriage was solemnized in the year 2019 and subsequently, disputes arose between them. The petitioner is residing at Saraguru village of Kollegala taluk after she got separated from her husband. The respondent filed a petition seeking divorce and the same is pending at the Family Court, Mysore. The petitioner is facing much difficultly in traveling from her place of residence to Mysuru for attending the Court on each and every date of adjournment and therefore she moved this application for transfer. Learned counsel thereby seeks to grant the relief sought for. 4. The submission that is made by the learned counsel for the respondent on the otherhand is that the petitioner is working at R.M.S. Post Office, Sheshadri Aiyyar Road, Mysuru and she is attending her office every day. Thus, the petitioner should not project difficulty in attending the Court which is also located at Mysuru. Learned counsel thereby seeks to dismiss the petition. - 4 - NC: 2025:KHC:409 CP No. 464 of 2024 5. The petitioner in the petition filed by her made a clear mention at para-2 that she is working at R.M.S. Post Office, Sheshadri Aiyyar Road, Mysuru. As rightly projected by learned counsel for the respondent, if the petitioner is attending her office which is located at Mysuru every day, she cannot project difficultly in attending the Court on the dates of hearing at the same place. 6. Thus, the ground projected by the petitioner cannot be held to be sufficient cause for the Court to invoke the powers granted under Section 24 of CPC, 1908 and effect transfer. This Court does not find any other grounds more so convincing grounds to grant the relief sought for. Therefore, this Court is of the view that the petition lacks merits. Accordingly, the petition stands dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 43