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High Court of Karnataka · body

2025 DAILYLAW 57884 (KAR)

SMT. NAVEENA N v. SRI. MADHUSUDAN M B

CP/272/2025 · 2025-10-13

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40545 CP No. 272 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. 272 OF 2025 BETWEEN: SMT. NAVEENA N W/O MADHUSUDAN M.B AGED ABOUT 29 YEARS, R/O 1233/1 K.T.G NAGAR, 6TH CROSS, 2ND MAIN, DAVANGERE - 577 002. …PETITIONER (BY SRI. OMRAN GULAM AHMED KHAN, ADVOCATE) AND: SRI. MADHUSUDAN M.B S/O SRI. BOMMANNA O, AGED ABOUT 39 YEARS R/O 280, 5TH MAIN, 1ST CROSS, REMCO LAYOUT, HAMPINAGAR, BENGALURU - 560 104. …RESPONDENT (BY SRI. G.J. SUNKAPUR, ADVOCATE) THIS CP IS FILED U/S. 24 OF CPC 1908, PRAYING TO TRANSFER THE CASE M.C. NO. 7005 OF 2023 PENDING ON THE FILE OF THE I ADDITIONAL FAMILY COURT JUDGE, BENGALURU, KARNATAKA TO PRL. FAMILY COURT DAVANAGERE, KARNATAKA AS VIDE ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40545 CP No. 272 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard the learned counsel for petitioner and respondent. 2. Present Civil Petition is filed under Section 24 of the Code of Civil Procedure with the following prayer : “Wherefore, the petitioner hereby respectfully prays that this Hon’ble Court may be pleased to: a. Transfer the case MC No.7005/2023 pending on the file of I Addl. Family Court Judge Bengaluru, Karnataka to Prl. Family Court Davangere Karnataka, as vide Annexure-A. b. To grant any other reliefs this Hon’ble Court deems fit for 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: 3.1 Respondent is the husband of the petitioner. Their marriage took place on 03.11.2022 in Chitradurga District as per the customs and rituals in their community. - 3 - HC-KAR NC: 2025:KHC:40545 CP No. 272 of 2025 3.2 Matrimonial relationship is strained and as a result, a petition came to be filed in M.C.No.7005/2023 by the husband for divorce under Section 13(1), (i-a) of the Hindu Marriage Act on the file of the Principal Judge, Family Court, Bengaluru. 3.3 Petitioner is seeking transfer of the said case to the Court at Davanagere District on the ground that it is very difficulty for her to travel to Bengaluru and she is unable to visit the Court at Bengaluru on every date of hearing and thus sought for transfer. 4. The difficulty expressed by the petitioner/wife in attending the Court at Bengaluru is the travelling difficulty and it is difficulty for her to proceed to Bengaluru on every date of hearing. 5. Learned counsel for the petitioner submits that she is ready to pay transport charges for the travel through bus to the respondent and the petition be allowed. - 4 - HC-KAR NC: 2025:KHC:40545 CP No. 272 of 2025 6. Taking note of the above facts, 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 may also utilize the facility of video conferencing if he so desires. 8. In view of the above, following Order: ORDER (i) Civil Petition is allowed. (ii) The Matrimonial Case No.7005/2023 pending 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.: 64/CT: BHK