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2025 DAILYLAW 55218 (KAR)

SMT. BHAVANI T v. SRI. RAKESH KUSAGUR

CP/270/2025 · 2025-10-13

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40450 CP No. 270 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 270 OF 2025 BETWEEN: SMT. BHAVANI T W/O. SRI. RAKHESH KUSAGUR D/O. LATE THULAJAPPA MOHARE AGED ABOUT 29 YEARS R/AT NO.805/2B, PISALE COMPOUND, P.B ROAD, DAVANAGERE - 577 002 …PETITIONER (BY SRI. KARTHIK C, ADVOCATE) AND: 1. SRI. RAKESH KUSAGUR S/O. SUBHASHCHANDRA KUSAGUR AGED ABOUT 37 YEARS R/AT 3RD MAIN, 3RD CROSS VIDYA NAGAR, B BLOCK, HARIHAR, DAVANAGERE - 577 601 ALSO AT NO.64, MALLIGE KEMPANNA BLD 3RD MAIN ROAD, 3RD CROSS YELLAHANKA, BENGALURU - 560 064. 2. MR. KEERTHI UPPAR ALIAS KEERHTI N.P S/O UPPAR AGED ABOUT 30 YEARS R/AT NULLUR CAMP, NALLUR VILLAGE CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 221. …RESPONDENTS (BY SRI. ANIL R, ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40450 CP No. 270 of 2025 THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO, TRANSFER THE PETITION IN M.C. NO. 1852/2025 FILED BY THE RESPONDENT AGAINST THE PETITIONER UNDER SEC. 13(1) (I-A) (I-B) OF THE HINDU MARRIAGE ACT, 1955 WHICH IS NOW PENDING BEFORE THE HONBLE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE COURT OF THE JUDGE, FAMILY COURT AT DAVANAGERE, TO TRAY THE SAME IN ACCORDANCE WITH LAW AND ALLOW THIS CIVIL PETITION AND GRANT SUCH OTHER RELIEF AS THIS HONBLE COURT DEEMS IT FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Karthik, learned counsel for the petitioner and Sri.Anil R., learned counsel for the respondent No.1. Respondent No.2 is served and unrepresented. 2. Present Civil Petition is filed under Section 24 of the Code of Civil Procedure with the following prayer : "Wherefore, the petitioner most humbly and respectfully prays that this Hon’ble Court be pleased to: a. Transfer the petition in MC No.1852/2025 filed by respondent No.1 against the petitioner under Section 13(1) (i-a) (i-b) of the Hindu - 3 - HC-KAR NC: 2025:KHC:40450 CP No. 270 of 2025 Marriage Act, 1955 which is now pending before the Hon’ble Principal Judge, Family Court, Bengaluru to the Court of the Judge, Family Court at Davanagere to try the same in accordance with law and b. Allow this Civil Petition and grant such other relief as this Hon’ble Court deems it fit in the interests of justice and equity." 3. Facts in the nutshell which are utmost necessary for disposal of the present petition as under: 3.1 Respondent No.1 is the husband of the petitioner. Their marriage took place on 17.05.2019 at Srimathi Gowramma Naraharishet Sabha Bhavana, Vinobhnagar, Davanagere as per their rites and customs. 3.2 Respondent No.1/husband has filed MC No.1852/2025 under Section 13, (1), (i), (i-a) and (i-b) of Hindu Marriage Act on the file of Principal Judge, Family Court, Bengaluru. 3.4 Petitioner is seeking transfer of the said case to Court at Davanagere on the ground that she is having the - 4 - HC-KAR NC: 2025:KHC:40450 CP No. 270 of 2025 responsibility of taking care of a minor child aged about four years. It is difficulty for her to proceed to Bengaluru with the child to attend the Court and she is unable to visit the Court at Bengaluru on every date of hearing and thus sought for transfer. 4. Having heard the arguments of both sides, this court perused the matter on record meticulously. 5. Learned counsel for the petitioner submits that she is ready to pay the transport charges for the travel through bus to the respondent No.1/husband and the petition be allowed. 6. Taking note of the above fact, petition needs to be allowed on the condition that for every hearing when the respondent appears before the Court at Davanagere, the petitioner - wife shall pay the bus charges on production of the bus tickets. 7. Respondent No.1/husband may also utilize the facility of video conferencing if he so desire. - 5 - HC-KAR NC: 2025:KHC:40450 CP No. 270 of 2025 8. In view of the above, following Order: ORDER (i) Civil Petition is allowed. (ii) The Matrimonial Case No.1852/2025 on the file of Principal Judge, Family Court, Bengaluru is hereby transferred to Principal Judge, Family Court, Davanagere. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 63 CT: BHK