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2025 DAILYLAW 56131 (KAR)

SMT ASHWINI M v. SRI MANJUNATHA S

CP/250/2025 · 2025-10-13

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40451 CP No. 250 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. 250 OF 2025 BETWEEN: ASHWINI M AGED ABOUT 24 YEARS, D/O M.MALLESH, R/AT YADAHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT - 570 008. …PETITIONER (BY SRI. P. NATARAJU, ADVOCATE) AND: SRI. MANJUNATHA S AGED ABOUT 32 YEARS, S/O LATE SHIVAIAH, R/AT NO. 13/300, AMBEDKAR COLONY, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA - 571 313. …RESPONDENT (BY SRI. SREENIVASA PATAVARDHAN K.R, ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE PETITION IN M.C.NO.40/2025 PENDING ON THE FILE OF THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND CJM COURT AT CHAMARAJANAGARA FILED BY THE RESPONDENT AND TRANSFER THE SAME TO THE COURT OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT MYSURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40451 CP No. 250 of 2025 ORAL ORDER Heard learned counsel for the petitioner and learned counsel for the respondent. 2. Present Civil Petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: "WHEREFORE, the petitioner respectfully pray that this Hon’ble Court may be pleased to: i. To withdraw the petition in MC No.40/2025 pending on the file of the learned Additional Senior Civil Judge and CJM Court at Chamarajanagara filed by the respondent and transfer the same to the court of the I Additional Prl. Judge, Family Court at Mysuru. ii. Pass such other records which this Hon’ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.” 3. Facts in the nutshell which are utmost necessary for disposal of the present petition as under: - 3 - HC-KAR NC: 2025:KHC:40451 CP No. 250 of 2025 3.1 Respondent is the husband of the petitioner. Their marriage took place on 10.02.2025 at Chamarajanagara District. 3.2 The respondent has filed MC No.40/2025 under Section 9 of the Hindu Marriage Act on the file of Senior Civil Judge and CJM Court, Chamarajnagar District. 3.4 Petitioner is seeking transfer of the said case to Court at Mysuru on the ground she is unable to travel to the Court at Chamarajanagar 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 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 - 4 - HC-KAR NC: 2025:KHC:40451 CP No. 250 of 2025 the respondent appear before the Court at Mysuru, the petitioner - wife shall pay the bus charges on production of the bus tickets. 7. Respondent may also utilize the facility of video conferencing if he so desire. 8. In view of the above, following Order: ORDER (i) Civil Petition is allowed. (ii) The Matrimonial Case No.40/2025 on the file of Senior Civil Judge and CJM Court, Chamarajanagar is hereby transferred to Principal Judge, Family Court, Mysuru. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 61/CT: BHK