Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 35396 (KAR)

SMT.MADEEHA AZMI v. SRI.TANVEER KHAN

CP/479/2024 · 2025-03-07

Lalitha Kanneganti

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9888 CP No. 479 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 479 OF 2024 BETWEEN: SMT.MADEEHA AZMI, AGED ABOUT 29 YEARS, D/O AZAM ASHA, W/O TANVEER KHAN, R/AT SKY HEIGHTS CADER, DOOR NO. 5/1, 5TH CROSS, ROSAHALLI MAIN ROAD, PADARAYANAPURA, BENGALURU - 560 026. PERMANENT ADDRESS R/AT WARD NO.25, NNT ROAD, NEAR K.G.N HIGH SCHOOL, CHINTAMANI, CHIKKABALLAPURA DISTRICT - 563 125. …PETITIONER (BY SRI. RAJATH H.V, ADVOCATE FOR SRI. CHANDANA H.B, ADVOCATE) AND: SRI. TANVEER KHAN, AGED ABOUT 40 YEARS, S/O NAZEER KHAN, R/AT NNT ROAD, KGN SCHOOL NEAR, 2ND CROSS, RAJAPPA LAYOUT, CHINTAMANI, CHIKKABALLAPURA DISTRICT - 563 125. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9888 CP No. 479 of 2024 BUSINESS OFFICE ADDRESS SRI. TANVEER KHAN HBF AUTO MOBILES, NEAR APMC YARD, BESIDE MRF TYRE SHOWROOM, CHELUR ROAD, CHINTAMANI, CHIKKABALLAPURA DISTRICT - 563 125, MOB: 9738032441/7019829544. …RESPONDENT (BY SRI. NAGESHA V, ADVOCATE FOR SRI. NARAYANASWAMY K.N, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE OS. NO. 113/2024 PENDING BEFORE HONBLE SENIOR CIVIL JUDGE AND JMFC AT CHINTAMANI, CHIKKABALLAPURA DISTRICT TO JURISDICTION COURT OF HONBLE PRINCIPAL FAMILY COURT JUDGE AT BENGALURU. 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 O.S. No. 113 of 2024, pending on the file of the Senior Civil Judge and JMFC, Chitamani to the Princiapl Family Court at Bengaluru. - 3 - NC: 2025:KHC:9888 CP No. 479 of 2024 2. The facts of the case are that the marriage between the parties was solemnised on 15.11.2019 and in the wedlock, they are blessed with a girl who is now aged 4 years. In view of the differences between the parties, the husband has filed O.S. No.113/2024 seeking divorce. The wife had filed a petition under section 12 of Protection of Women from Domestic Violence Act before the Judicial Magistrate First Class Traffic Court - VI at Bengaluru i.e., Crl.Misc.No.221/2024. 3. It is submitted by the learned counsel appearing for the wife that she is doing household work to eke out her livelihood. It is stated that she also has to take care of the daughter who is aged about 4 years and it is difficult for her to travel all the way to Chintamani which is about 80 kilometres away on each date of hearing. 4. Learned counsel appearing for the respondent- husband submits that wife is a permanent resident of Chintamani and only for harassing the husband, she has filed a petition in Bengaluru. 5. Having heard the learned counsel on either side, perused the material on record. With regard to the jurisdiction - 4 - NC: 2025:KHC:9888 CP No. 479 of 2024 and residence of the wife, already necessary material is placed before the Metropolitan Magistrate Court in Crl.Misc. No.221/2024. As such, this Court is not able to appreciate the submission of the learned counsel for the respondent. Considering the fact that the wife has to take care of the girl who is aged about 4 years, the distance between both the places is about 80 kilometres and inconvenience of the wife, this Court is passing the following: ORDER 1. O.S.No.113/2024, pending on the file of the Senior Civil Judge and JMFC at Chintamani is withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. 2. The wife shall cooperate with the trial and shall not seek unnecessary adjournments. 3. Accordingly, the petition is allowed. 3. All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA, List No.: 1 Sl No.: 3 CT: BHK