Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8227 CP No. 308 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 308 OF 2024 BETWEEN:
SMT. DHANALAKSHMI, D/O. MANJANNA, AGED ABOUT 33 YEARS, R/AT SAJJEHOSAHALLI VILLAGE, DODDERI HOBLI, MADHUGIRI TALUK-572 112. …PETITIONER (BY SRI. H. G. SWAMY, ADVOCATE) AND:
SRI. HARISH R. A., S/O. LATE ANANDAMURTHY, AGED ABOUT 35 YEARS, R/AT KATANAYAKANAHALLI, BAGGANADU MAIN ROAD, K.R. HALLI POST, J.G. HALLI POST, HIRIYUR TALUKL, CHITHRADURGA DISTRICT-577 511. …RESPONDENT (BY SRI. MOHANA CHANDRA P., ADVOCATE)
THIS CIVIL PETITION UNDER SEC.24 OF CPC, PRAYING TO TRANSFER THE M.C NO.62/2023 PENDING ON THE FILE OF THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, AT HIRIYUR FILED BY THE RESPONDENT HEREIN TO THE HON'BLE SENIOR CIVIL JUDGE AND JMFC AT MADHUGIRI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8227 CP No. 308 of 2024
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER
Heard Sri.H.G.Swamy learned counsel for the petitioner who appears through video conference. Also heard Sri.Mohana Chandra.P learned counsel for the respondent who appears before this Court physically.
2. This is a petition filed seeking the Court to transfer MC No.62/2023 which is pending before the Court of Senior Civil Judge, Hiriyur to the Court of Senior Civil Judge, Madhugiri.
3.
Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. The petitioner is residing with her parents at present at Sajje Hosahalli Village. The respondent filed a petition seeking a decree of dissolution of marriage i.e., M.C.No.62/2023 and the same is pending before the Court of Senior Civil Judge, Hiriyur. The distance between the place where the petitioner is residing and Hiriyur is around 80 kms. The petitioner who has to look after her parents is unable to take up travel for such a long distance to reach the Court and attend on each and every date
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NC: 2025:KHC:8227 CP No. 308 of 2024 of adjournment. Therefore, the case may be transferred to the Court of Senior Civil Judge, Madhugiri.
4.
Learned counsel for the respondent submits that the respondent is also having the responsibility to look after his aged mother. Learned counsel states that Sira is a place which is located between Sajje Hosahalli Village, where the petitioner resides and Hiriyur Taluk, where the respondent resides. Further, Sira is at a distance of 28 kms only from the place where the petitioner resides. Therefore, considering the inconvenience of the respondent also, the case may be transferred to the Court at Sira so that both the parties would be benefited.
5. The proposal that is made by learned counsel for the respondent is convincing. Therefore, this Court is of the view that necessary orders are required to be passed for transfer of the subject case from Hiriyur to Sira. Therefore, the petition is disposed of with the following:
ORDER (i) The petition is allowed.
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NC: 2025:KHC:8227 CP No. 308 of 2024 (ii) MC No.62/2023 which is pending before the court of Senior Civil Judge, Hiriyur is withdrawn and is transferred to the Court of Senior civil Judge, Sira. (iii) The Court of Senior Civil Judge, Hiriyur is directed to transmit the entire record in MC No.62/2023 duly indexed to the Court of Senior Civil Judge, Sira within one week from the date of receipt of copy of this order. (iv) Both the parties are directed to make their appearance before the Court of Senior Civil Judge, Sira on 16.04.2025.
(v) Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 22