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2025 DAILYLAW 36423 (KAR)

SMT RANJINI G N v. SRI RANGANATH REDDY R A

CP/519/2024 · 2025-01-09

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC:671 CP No. 519 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 519 OF 2024 BETWEEN: SMT. RANJINI G. N., W/O RANGANATHA REDDY R. A., AGED ABOUT 43 YEARS, R/AT HARISHA NILAYA, GUNDEGOWDANAKOPPALUR, BEHIND DENTAL COLLEGE, VIDYANAGAR, HASSAN - 573 202. …PETITIONER (BY SRI. ARUNA T.H., ADVOCATE FOR SRI. RAVISHA M.G., ADVOCATE) AND: SRI. RANGANATH REDDY R. A., S/O. ANANTHA REDDY, AGED ABOUT 41 YEARS, R/AT NO. 22, SRI. BORE RANGASWAMY NILAYA, MEGHA CITY, MARGONDANAHALLI, K. R. PURA, BENGALURU - 560 036. …RESPONDENT (BY SRI.ANANTH KUMAR C, ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO ORDER FOR WITHDRAWING THE PETITION IN MC NO.27/2023 WHICH IS PENDING BEFORE THE HONBLE PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, AND TRANSFER THE SAME TO HONBLE PRL. FAMILY COURT, HASSAN, WHICH IS HAVING THE JURISDICTION TO TRY THE SAME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:671 CP No. 519 of 2024 ORAL ORDER Heard Sri.Arun.T.H., who represents Sri.Ravisha.M.G. learned counsel on record for the petitioner as well as Sri.Ananth Kumar.C learned counsel for the respondent. While Sri.Arun.T.H. appears physically before this Court, Sri.Ananth Kumar.C appears through video conference. 2. This is a petition filed under Section 24 of Code of Civil Procedure seeking the Court to transfer M.C.No.27/2023 which is pending before the Court of Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru to the Principal Family Court, Hassan. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Out of their lawful wedlock, a son was born and the child is studying at Hassan and the petitioner is looking after the welfare of the said child. Learned counsel submits that the child is now aged eight years. Learned counsel contends that the respondent filed a petition for restitution of conjugal rights and the same is pending as M.C.No.27/2023 before the Court of Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru. The petitioner - 3 - NC: 2025:KHC:671 CP No. 519 of 2024 who is residing at Hassan and is looking after the child is finding it difficult to travel all the way from Hassan to Bangalore to attend the Court. Therefore, she moved this application for transfer of the case. 4. The submission that is made by learned counsel for the respondent is that the respondent is working in a private organization and it would be difficult for him to go from Bengaluru to Hassan all the way, in case the case is transferred. 5. Undoubtedly, the petitioner is looking after the welfare of the child. Also, it is not in dispute that the petitioner along with the child is residing at Hassan. The inconvenience which the petitioner is projected to be facing is more than the inconvenience which the respondent would face in case subject case is transferred. Also, this Court considers that request for transfer is required to be accepted for the paramount welfare of the child. The petitioner undoubtedly can dedicate more time to the child in case transfer as prayed for is affected. Therefore, this Court considers desirable to allow the application as prayed for. Thus, the following: - 4 - NC: 2025:KHC:671 CP No. 519 of 2024 ORDER (i) The petition is allowed. (ii) M.C.No.27/2023 which is pending before the Court of Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru is withdrawn and transferred to the Principal Family Court, Hassan. (iii) The Court of Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru is directed to transmit the entire records in M.C.No.27/2023 to the Principal Family Court, Hassan within a period of one week from the date of receipt of copy of this order duly indexed. (iv) Parties to the proceedings are directed to appear before the Principal Family Court, Hassan on 21.02.2025. Further notice is not required to be issued. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 2