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2025 DAILYLAW 36223 (KAR)

SMT. DHANALAKSHMI K L v. SRI.MAHESHA M

CP/509/2024 · 2025-04-09

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:15106 CP No. 509 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 509 OF 2024 BETWEEN: SMT. DHANALAKSHMI K L W/O MAHESHA M AGED ABOUT 34 YEARS, RESIDING AT KULUVANAHALLI VILLAGE THYAMANGONDLU HOBLI, NELAMANGALA TALUK BENGALURU-562123 ALSO AT: NO.6 DAIVASANKALPA NILAYA, BEHIND TIBETAIN HOSTEL, S R GARDEN, S T BED LAYOUT, KORAMANGALA 4TH BLOCK, BENGALURU-560047 PHONE NO. 9738816997 …PETITIONER (BY SRI. MAHESH M., ADVOCATE) AND: SRI. MAHESHA M S/O SRI MANJUNATHA AGED ABOUT 39 YEARS, RESIDING AT KULUVANAHALLI VILLAGE THYAMANGONDLU HOBLI, NELAMANGALA TALUK BENGALURU-562123 PHONE NO.9844374548 …RESPONDENT (BY SRI. HARISH N.R., ADVOCATE) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15106 CP No. 509 of 2024 THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.039/2024 PENDING BEFORE THE HON'BLE II ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC NELAMANGALA, BENGALURU, RURAL DISTRICT AND MAKE IT OVER TO THE COURT OF HON'BLE FAMILY COURT, BENGALURU, FOR THE PURPOSE OF TRIAL AND DISPOSAL OF THE SAME IN ACCORDANCE OF LAW, AND GRANT SUCH OTHER RELIEFS DEEMED FIT AND PROPER. 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 by the petitioner-wife seeking transfer of M.C.No.39/2024, pending on the file of II Addl. Senior Civil Judge and JMFC, Nelamangala to the Court of Principal Judge, Family Court, Bengaluru. 2. The facts of the case are that the marriage of the petitioner-wife and the respondent-husband was solemnized on 05.06.2019 at N S Convention Hall, Opp. to Railway Station, Doddaballapura and in the wedlock, they are blessed with son who is aged about 4 years. It is the case of the petitioner - wife that she is staying along with her parents at Koramangala, Bengaluru and it is difficult for her to travel all the way from Bengaluru to Nelamangala along with her minor son and the - 3 - NC: 2025:KHC:15106 CP No. 509 of 2024 distance between Bengaluru to Nelamangala is more than 50 kms. 3. Learned counsel appearing for the respondent – husband submits that in fact the wife has initiated O.S.No.322/2022 before the Court of Senior Civil Judge and JMFC, Nelamangala seeking partition of the suit schedule properties. It is submitted that the said facts are not stated before this Court and having suppressed this fact, the instant petition is filed. It is submitted that the petitioner-wife had initiated the aforesaid suit which is pending before the Court at Nelamangala and there is no difficulty for her to attend the Court at Nelamangala. 4. Having heard the learned counsels on either side, perused the material on record. Considering the fact that partition suit filed in O.S.No.322/2022 which is pending before the Court of Senior Civil Judge and JMFC, Nelamangala and the petitioner-wife is pursuing the same, the suit cannot be transferred to the Court at Bengaluru for the convenience of petitioner-wife and she has to attend the courts at Nelamangala. In that view of the matter, this Court finds no - 4 - NC: 2025:KHC:15106 CP No. 509 of 2024 reasons to transfer M.C.No.39/2024, pending on the file of II Addl. Senior Civil Judge, Nelamangala to the Court of Principal Judge, Family Court, Bengaluru. Accordingly, this Court is passing the following: ORDER i) The petition is dismissed and pending IAs., in this petition shall stand closed. ii) The respondent-husband shall carryout with the speedy disposal of the M.C.No.39/2024. Sd/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 1 Sl No.: 3