Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12003 CP No. 530 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 530 OF 2024 BETWEEN:
SMT. PREETHI H.S W/O PRATHAP KUMAR C., DAUGHTER OF SIDDARAJU, AGED ABOUT 22 YEARS, RESIDING AT K.HAGALAHALLI VILLAGE, KASABA HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 422. …PETITIONER (BY MS. VARSHITHA V. ACHARYA, ADVOCATE FOR SRI. H.C. SHIVARAMU, ADVOCATE)
AND:
Mr.PRATHAP KUMAR.C S/O CHOODAPPA AGED ABOUT 35 YEARS, RESIDING AT BINNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE DISTRICT - 562 110 …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)
THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER M.C.NO.10/2024 PENDING ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT AT DEVANAHALLI, BANGALORE RURAL DISTRICT, FILED BY THE RESPONDENT AND TRANSFER THE SAME TO THE PRINCIPAL CIVIL JUDGE AND JMFC MADDUR, FOR DISPOSAL OF THE SAME, IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ‘DISMISSAL’, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:12003 CP No. 530 of 2024
ORAL ORDER
The present petition is filed by the petitioner/wife seeking transfer of M.C.No.10/2024 pending on the file of the III Additional Senior Civil Judge and JMFC, at Devanahalli to the file of the Principal Civil Judge and JMFC, Maddur.
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
10.06.2022. It is the case of the wife that the husband deserted her on 17.09.2023. The wife had initiated criminal proceedings against the husband and the same is registered as Crime No.2/2024. Thereafter, the husband had filed MC.No.10/2024 seeking divorce before the III Additional Senior Civil Judge and JMFC, at Devanahalli. The wife had filed Crl.Misc.No.111/2024 on 04.06.2024 seeking maintenance. In that, the husband has filed his vakalath and he is contesting the matter and interim order was passed.
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NC: 2025:KHC:12003 CP No. 530 of 2024
4. Learned counsel for the petitioner/wife submits that the wife is residing in Maddur along with her parents and the distance between Maddur and Devanahalli is about 125 kilometers and it is difficult for her to travel from Maddur to Devanahalli on each date of hearing. It is submitted that the wife is depending upon her parents. Considering the inconvenience being caused to the wife, MC.No.10/2024 may be transferred from the Court of III Additional Senior Civil Judge and JMFC, at Devanahalli to the Principal Civil Judge and JMFC, Maddur.
5. Though notice is served on the respondent, no vakalath is filed on behalf of him.
6. Having heard the
learned counsel for the petitioner/wife, perused the entire material on record. The wife is residing along with her parents at Maddur. It is the case of the wife that she has no income and she is depending upon her parents. Considering the fact that the distance between Maddur and Devanahalli is about 125 kilometers and the inconvenience that is being caused to the wife, this Court is inclined to pass the following order:
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NC: 2025:KHC:12003 CP No. 530 of 2024
ORDER i. M.C.No.10/2024 filed by the respondent pending on the file of the III Additional Senior Civil Judge and JMFC, at Devanahalli is withdrawn and the same is transferred to the file of the Principal Civil Judge and JMFC, Maddur. ii. The wife shall co-operate with the trial. iii. Accordingly, the Civil Petition is allowed. iv. All I.As. in this Civil Petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
MEG List No.: 2 Sl No.: 2