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2025 DAILYLAW 58020 (KAR)

SMT M CHETHANA v. SRI V P JANARDHAN

CP/198/2025 · 2025-10-13

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40296 CP No. 198 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. 198 OF 2025 BETWEEN: SMT. M. CHETHANA W/O V.P. JANARDHAN, D/O LATE MUNIGANGAIAH, AGED ABOUT 38 YEARS, R/O CHETHANA NILAYA, NEAR BANASHANKARI TEMPLE, TANL MOHALLA, SHIVAMOGGA- 577 201 …PETITIONER (BY SRI. ANIL SHEKAR K.S., ADVOCATE) AND: SRI V P JANARDHAN S/O R.K.PRASANNA KUMAR, AGED ABOUT 47 YEARS, ASSISTANT PROFESSOR, R/O PRASANTH NILAYA, SARASWATHIPURAM, CHITRADURGA-577501 …RESPONDENT (BY SRI. SYED AHMED., ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS AN ORDER CALLING FOR RECORD IN MC.NO.113/2023 IS PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE, CHITRADURGA AND TRANSFER THE SAME TO FAMILY COURT, SHIVAMOGGA BY ALLOWING THIS CIVIL PETITION IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40296 CP No. 198 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Anil Shekar K.S. learned counsel for the petitioner and Sri. Syed Ahmed, 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 prays that this Hon'ble Court may be pleased to pass an Order calling for record in M.C. No.113/2023 is pending on the file of the Senior Civil Judge, Chitradurga and transfer the same to Family Court, Shivamogga by allowing this Civil Petition in the interest of justice and equity. " 3. Facts in the nutshell which are utmost necessary for disposal of the present petitioner as under: 3.1 Respondent is the husband of the petitioner. Their marriage took place on 04.12.2005 at Panchacharya - 3 - HC-KAR NC: 2025:KHC:40296 CP No. 198 of 2025 Kalyana Mantapa at Chitradurga as per Hindu marriage rituals, ceremonies and customs. 3.2 Matrimonial relationship is strained and as a result, a divorce petition came to be filed in M.C. No.113/2023 by the husband on the file of the Principal Senior Civil Judge at Chitradurga. 3.3 Petitioner is seeking transfer of the said case to Court at Shivamogga on the ground that she is residing at Shivamogga with her age old widow mother and has no other to accompany her to Chitradurga and having financial difficulty to attend the Court at Chitradurga and she is unable to visit the Court at Chitradurga on every date of hearing and thus sought for transfer. 4. The matter was referred to mediation at Chitradurga, but not settled before the Mediation Centre as per the report. 5. Having heard the arguments of both sides, this court perused the matter on record meticulously. - 4 - HC-KAR NC: 2025:KHC:40296 CP No. 198 of 2025 6. The difficulty expressed by the petitioner/wife in attending the Court at Chitradurga is the financial difficulty and the it is very difficulty for her to proceed to Chitradurga on every date of Hearing from Shivamogga as she is residing with her age old mother and she has to take care of her. 7. 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. 8. Taking note of the above facts, petition needs to be allowed on the condition that for every hearing when the respondent appear before the Court at Shivamogga, the petitioner - wife shall pay the bus charges on production of bus tickets. 8. Respondent may also utilize the facility of video conferencing if he so desires. - 5 - HC-KAR NC: 2025:KHC:40296 CP No. 198 of 2025 9. In view of the above, following Order: ORDER (i) Civil Petition is allowed. (ii) The Matrimonial Case No.113/2023 on the file of the Senior Civil Judge, Chitradurga is hereby transferred to the Family Court, Shivamogga. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 55