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2025 DAILYLAW 36237 (KAR)

SMT SOWBHAGYA S R v. SRI ANIL KUMAR K H

CP/510/2024 · 2025-04-09

Lalitha Kanneganti

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Judgment text

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- 1 - NC: 2025:KHC:15568 CP No. 510 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. 510 OF 2024 BETWEEN: SMT.SOWBHAGYA S.R., W/O ANIL KUMAR K.H., AGED ABOUT 37 YEARS R/AT PAMPA NILAYA, SUNNIGEREI VILLAGE AJJIHALI POST, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 PRESENTLY RESIDING AT MARULASIDDESHWARA KRUPA, 5TH CROSS, SIDDESHWARA NAGARA, NEAR CANARA BANK, GURUPURA, CHIKKAL, SHIVAMOGGA – 577 201 …PETITIONER (BY SRI. SRIKANTH PATIL K., ADVOCATE) AND: SRI ANIL KUMAR K.H., S/O HANUMANTHAPPA K., AGED ABOUT 38 YEARS R/AT NO.20/1, BHAGAVATHI NILAYAM 1ST CROSS, PUNYA DHAMA COMPOUND THINDLU MAIN ROAD, KODIGEHALLI VTC BENGALURU -560 097 MOBILE 9916527263 …RESPONDENT (BY SRI. V.B.SIDDARAMAIAH, ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING G AND WC NO.276/2023 AND M.C.NO.28/2024 BOTH PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE FAMILY COURT, SHIVAMOGGA AND ALLOW THIS PETITION AND GRANT SUCH OTHER Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15568 CP No. 510 of 2024 RELIEFS AS THIS HONBLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. 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 G&WC.No.276/2023 and M.C.No.28/2024 filed by the respondent/husband both pending on the file of the Principal Judge, Family Court, Bengaluru, to the Family Court at Shivamogga. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 26.05.2016. The husband had filed G&WC.No.276/2023 seeking declaration as the natural guardian of the minor children and M.C.No.28/2024 seeking dissolution of marriage before the Principal Judge, Family Court, Bengaluru. The wife had filed Crl.Misc.No.282/2024 before the Principal Judge, Family Court, Shivamogga seeking maintenance. - 3 - NC: 2025:KHC:15568 CP No. 510 of 2024 4. Learned counsel appearing for the wife submits that the wife is staying at Shivamogga along with her two children and the children are also studying at Shivamogga and the distance between Shivamogga and Bengaluru is more than 275 kilometers. It is difficult for the wife to travel. 5. Learned counsel appearing for the husband submits that earlier a complaint was given by the wife against the husband, in that, the address is mentioned as Davanagere and he submits that it is difficult for the husband to travel if the case is transferred from Bengaluru to Shivamogga. 6. In response to that, learned counsel for the wife submits that earlier, the wife was staying along with her parents and now she is staying at Shivamogga and he has also filed the documents to show the place of residence and the children are studying at Shivamogga. 7. Having heard the learned counsels on either side, perused the entire material on record. Considering the fact that the wife is staying at Shivamogga and the children are studying there and as she has to take care of the children and the distance between both the places is more than 275 kilometers, - 4 - NC: 2025:KHC:15568 CP No. 510 of 2024 hence, this Court deems it appropriate to pass the following order: ORDER i. G&WC.No.276/2023 and M.C.No.28/2024 filed by the respondent both pending on the file of the Principal Judge, Family Court, Bengaluru, is withdrawn and the same is transferred to the Family Court at Shivamogga. ii. Accordingly, the Civil Petition is allowed. iii. All I.As. in this Civil Petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 41