Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52572 CP No. 264 of 2025 C/W CP No. 228 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 264 OF 2025 C/W CIVIL PETITION NO. 228 OF 2025 IN CP No. 264/2025 BETWEEN:
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MAMATHA R W/O MANJU @ LOHITH.N.
D/O RAMU, AGE 29 YEARS, R/O NO. 24, 2ND CROSS, DODDANNA BADAVANA, ANDRAHALLI, BENGALURU - 560 091 …PETITIONER (BY SRI. NAMITHA MAHESH B.G., ADVOCATE) AND:
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SRI MANJU @ LOHITH.N.
S/O NARAYANASWAMY, AGE 32 YEARS, R/O NO. 371, CHOWDESHWARI NILAYA WARD NO.6, SCOUT CAMP ROAD, KEMPEGOWDA NAGARA, DODDABALLAPURA TOWN - 561 203 …RESPONDENT (BY SRI. S. VENUGOPALA, ADVOCATE)
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52572 CP No. 264 of 2025 C/W CP No. 228 of 2025
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE ABOVE MC NO.29/2025 PENDING BEFORE THE SENIOR CVIIL JUDGE AND JMFC, DODDABALLAPUR, PRODUCED AS ANNEXURE B TO THE FAMILY COURT IN BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN CP NO. 228/2025 BETWEEN:
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MAMATHA R W/O. MANJU @ LOHITH. N, D/O. RAMU, AGED ABOUT 29 YEARS, R/O. NO.24, 2ND CROSS, DODDANNA BADAVANA, ANDRAHALLI, BENGALURU - 560 091. ...PETITIONER (BY SRI. NAMITHA MAHESH B.G., ADVOCATE) AND:
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SRI MANJU @ LOHITH N.
S/O. NARAYANASWAMY, AGED ABOUT 32 YEARS, R/O. NO. 371, CHOWDESHWARI NILAYA, WARD NO.6, SCOUT CAMP ROAD, KEMPEGOWDA NAGARA, DODDABALLAPURA TOWN - 561 203. ...RESPONDENT (BY SRI. S. VENUGOPALA, ADVOCATE) THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER
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HC-KAR NC: 2025:KHC:52572 CP No. 264 of 2025 C/W CP No. 228 of 2025
THE ABOVE MC NO.3/2025 PENDING BEFORE THE SENIOR CIVIL JUDGE AND CJM, DODDABALLAPUR, PRODUCED AS ANNEXURE A TO THE FAMILY COURT, IN BANGALORE IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
1. Heard Smt. Namitha Mahesh, learned counsel for the petitioner and Sri. S. Venugopala, learned counsel for the respondent. 2. Petition is filed by the wife under Section 24 of the Code of Civil Procedure with the following prayer:
PRAYER IN CP NO.228/2025 WHEREFORE, it is prayed that this Hon'ble Court may be pleased to transfer the above M.C.No.29/2025 pending before the Senior Civil Judge and JMFC Doddaballapur, produced as ANNEXURE-'B' to the Family Court in Bangalore in the interest of justice and equity. - 4 -
HC-KAR NC: 2025:KHC:52572 CP No. 264 of 2025 C/W CP No. 228 of 2025
PRAYER IN CP NO.264/2025: WHEREFORE, it is prayed that this Hon'ble Court may be pleased to transfer the above M.C.No.3/2025 pending before the Senior Civil Judge and CJM, Doddaballapur, produced as ANNEXURE-'A' to the Family Court in Bangalore in the interest of justice and equity. 2.1 On account of strained matrimonial relationship, petitioner/wife filed a petition before the Civil Judge (Senior Division), Doddaballapura under Section 9 of the Hindu Marriage Act in MC No.29/2025. 2.2 Husband has filed a petition for divorce in M.C.No.3/2025 on the file of the Senior Civil Judge and CJM, Doddaballapura. 3. Now she is seeking the transfer of the said proceedings from Doddaballapura to Bangalore on the ground of her ill-health and having an young child of one and a half years and as such she is unable to travel to Doddaballapura for attending the pending matrimonial case. - 5 -
HC-KAR NC: 2025:KHC:52572 CP No. 264 of 2025 C/W CP No. 228 of 2025
4. Grounds of transfer is opposed by the counsel for respondent by contending that on her volition she filed the petition before the Civil Judge (Senior Division) Doddaballapura where the cause of action admittedly arose. Therefore, petition relief cannot be granted. 5. Having heard the arguments of both sides, this Court perused the metal on record meticulously. On such perusal, it is noticed that Medical records placed on record by the petitioner would make out that on account of hypothyroidism she was admitted to M.S. Ramaiahn Hospital and she has been treated and discharged. However, the doctors have advised that in the event of some emergency conditions like fever more than 101.5 degrees, giddiness, chills, vomiting, severe discomfort, she has to again contact the doctor. 6.
These conditions along with rearing a young child would make it difficult for her to attend the Court at
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HC-KAR NC: 2025:KHC:52572 CP No. 264 of 2025 C/W CP No. 228 of 2025
Doddaballapura in respect of M.C. No.9/2025, is no doubt difficult. 7. But that cannot be the sole ground on which the transfer of the pending proceedings can be allowed in view of video conferencing facility. 8. If the petitioner applies for permission to appear through video conferencing in M.C. No.29/2025 and MC No.3/2025, the learned Trial Judge shall permit the her to do so. 9. With that direction, following order :
ORDER Civil Petitions are dismissed.
Sd/- (V SRISHANANDA) JUDGE
SNC CT:SG List No.: 1 Sl No.: 29