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2025 DAILYLAW 45600 (KAR)

SMT. RANJITHA H. B. @ ROHINI. H. B. v. SHRI. SACHIN. M. C.

CP/364/2024 · 2025-02-03

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - NC: 2025:KHC:5306 CP No. 364 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO. 364 OF 2024 BETWEEN: SMT. RANJITHA H. B. @ ROHINI. H. B. W/O SACHIN M C D/O BASAVARAJAPPA H P & LATHA G C AGED ABOUT 28 YEARS R/AT AGARABANNIHATTI VILLAGE PRESENTLY AT 4TH CROSS, 2ND STAGE BASAVESHWARA NAGARA CHANANGIRI TALUK DAVANAGERE DISTRICT- 577 213 …PETITIONER (BY SRI. PRAKASHA H C.,ADVOCATE) AND: SHRI. SACHIN. M. C. S/O CHANDRASHEKAR @ CHANDRAPPA & GEETHA AGED ABOUT 32 YEARS 1ST GRADE SURVEYOR R/AT MALLEDEVARAHALLI VILLAGE KARTHIKERE POST CHIKKAMAGALURU TALUK -577 101 …RESPONDENT (BY SRI.HARISH N.R.,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC PRAYING TO ALLOW THE PETITION AND THEREBY ORDER FOR TRANSFER OF M.C. NO. 147/2024 WHICH IS PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, AT CHIKKAMAGALURU TO THE SENIOR CIVIL JUDGE, AT CHANNAGIRI. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5306 CP No. 364 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner/wife seeking transfer of the petition filed by the respondent/husband in M.C. No.147/2024 pending on the file of the Prl. Judge, Family Court, Chikkamagaluru to the Court of Senior Civil Judge, Channagiri. 2. I have heard learned counsels for the parties. 3. It is the contention of learned counsel for the petitioner that the marriage of the petitioner and the respondent was solemnized on 24.4.2024 at Dwaraka Bhavan, Shivamogga. Thereafter, petitioner returned from her matrimonial home on 27.5.2024. Subsequently, petitioner filed petition in Crl.Mis. No.843/2024 before the Prl. Civil Judge & JMFC, Channagiri for maintenance. Subsequent to receipt of copies of the said petition, the respondent/husband filed a petition in M.C. No.147/2024 for restitution of conjugal rights before the Family Court at Chikkamagaluru on 25.7.2024. It is further contention - 3 - NC: 2025:KHC:5306 CP No. 364 of 2024 of learned counsel that the petitioner is not having any source of income and she has to depend on her parents for meeting the expenditure with regard to food, travel etc., to appear for the Court proceeding at Chikkamgalur. Whereas, the respondent has to attend the proceedings in maintenance case initiated by the petitioner/wife at Channagiri. Therefore, he would not have any difficulty to attend the proceedings in M.C.147/2024 if the same is transferred to Channagiri. Under the circumstances, he seeks transfer of the petition filed by the respondent/husband to Channagiri. 4. Per contra, learned counsel for respondent/husband opposes the argument putforth by the learned counsel for the petitioner on the ground that the distance between the two places is 100 kilometers and it is not difficult for the petitioner to travel to Chikkamagaluru to attend the Court proceedings. Therefore, he seeks for dismissal of the petition. 5. Having heard learned counsels for the parties and on perusal of the records, it is seen that the petition filed by the petitioner/wife in Crl.Mis. No.843/2024 for maintenance is pending before the Prl. Civil Judge & JMFC, Channagiri and the - 4 - NC: 2025:KHC:5306 CP No. 364 of 2024 petition filed by the respondent/husband in M.C. No.147/2024 is pending on the file of the Family Court, Chikkamamagaluru. It is also apparently seen that less amount of hardship would be caused to the respondent - husband in traveling to Channagiri to attend the aforesaid cases rather than the wife attending the case at Chikkamagaluru preferred by the respondent - husband. Even otherwise, the respondent has to travel to Channagiri to attend the maintenance case preferred by the wife and therefore, he would not have any difficulty to attend the matrimonial case, if the same is transferred to Channagiri. Further, the petitioner is not having any source of income and she has to depend on her parents for meeting expenditure with regard to food, travel etc., to appear for the Court proceedings at Chikkamagalur. Therefore, I do not find any legal impediment to transfer the matrimonial proceedings pending before the Family Court at Chikkamagaluru to Channagiri. 6. In view of the above, I pass the following: O R D E R i) The petition is allowed. - 5 - NC: 2025:KHC:5306 CP No. 364 of 2024 ii) The proceedings in M.C. No.147/2024 pending on the file of the Family Court, Chikkamagaluru is ordered to be transferred to the Court of the Senior Civil Judge at Channagiri. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 3 Sl No.: 5