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2025 DAILYLAW 37124 (KAR)

SMT MANJULA B v. SRI. MADHUSUDHAN P

CP/532/2024 · 2025-03-10

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:10043 CP No. 532 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 532 OF 2024 BETWEEN: SMT MANJULA B., W/O MADHUSUDHAN P., D/O G.V.BALAKRISHNA AGED ABOUT 31 YEARS R/AT NO. 2234, 2ND PHASE, 4TH STAGE, VIJAYANAGARA MYSURU – 570 017 …PETITIONER (BY SRI. BHANU PRAKASH H.V., ADVOCATE) AND: SRI. MADHUSUDHAN P., S/O PURUSHOTHAM AGED ABOUT 37 YEARS R/AT NO. 502, 4TH FLOOR, KEMPANNA LAYOUT, SIRI PARAMOUNT APARTMENT, GOWDANAPALYA BENGALURU – 560 061 PRESENTLY R/AT SIRI PARAMOUNT APARTMENT NO.502, 4TH FLOOR, KEMPANNA LAYOUT, GOWDANAPALYA MAIN ROAD, BENGALURU KARNATAKA – 560 061 …RESPONDENT (BY SMT.MAMATHA D.N., ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER MC NO.4124/2024 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU, TO THE HON’BLE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, AT MYSURU IN MC Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10043 CP No. 532 of 2024 NO.1018/2024 IS PENDING FOR ADJUDICATION IN ACCORDANCE WITH LAW IN THE INTERESTS OF JUSTICE. 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 MC.No.4124/2024 filed by the respondent/ husband on the file of the VIth Additional Principal Judge, Family Court, Bengaluru, to the I Additional Principal Judge, Family Court, Mysuru, where M.C.No.1018/2024 filed by the wife is pending for adjudication. 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 17.11.2022 at Mysuru. In view of the differences between the parties, on 04.07.2024 the husband had filed MC.No.4124/2024 on the file of the VIth Additional Principal Judge, Family Court, Bengaluru seeking divorce. On 16.10.2024, the wife had filed MC.No.1018/2024 on the file of the Family Court, Mysuru, for restitution of conjugal rights. - 3 - NC: 2025:KHC:10043 CP No. 532 of 2024 4. Learned counsel appearing for the wife submits that the wife is staying along with her parents in Mysuru. She has no income and it is difficult for her to travel from Mysuru to Bengaluru and as already one petition is pending at Mysuru and the husband has to attend the said case, MC.No.4124/2024 pending on the file of the VIth Additional Principal Judge, Family Court, Bengaluru, may be transferred to the file of the I Additional Principal Judge, Family Court, Mysuru,. 5. Learned counsel appearing for the husband submits that in fact, the husband is working at Bengaluru and it is difficult for him to travel to Mysuru. The wife has stated that she has no income and it is difficult for her to travel to Bengaluru and that cannot be the reason for transfer of the MC and the convenience of the husband also has to be taken into consideration. 6. Having heard the learned counsels on the either side, perused the entire material on record. The marriage has taken place at Mysuru and after the differences between the parties, the wife started residing with her parents at Mysuru. It is stated that she is unemployed which is not denied and she is depending on her parents. Considering the inconvenience - 4 - NC: 2025:KHC:10043 CP No. 532 of 2024 caused to the wife, this Court deems it appropriate to pass the following order: ORDER i. MC.No.4124/2024 filed by the respondent/ husband on the file of the VIth Additional Principal Judge, Family Court, Bengaluru, is withdrawn and the same is transferred to the file of I Additional Principal Judge, Family Court, Mysuru, 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.: 2 Sl No.: 19