SMT SUSHMA H M @ YASHASWINI H M v. SRI CHETHANKUMAR G R
CP/337/2025 · 2025-10-13
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91989 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91989 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40521 CP No. 337 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. 337 OF 2025 BETWEEN:
SMT. SUSHMA H M @ YASHASWINI H M YASHASWINI.H.M W/O CHETHAN KUMAR G.R.
NOW AGED ABOUT 24 YEARS, R/AT HANDANAKERE VILLAGE, HANDANAKERE HOBLI, CHIKKANAYAKANA HALLI TALUK, TUMAKURU DISRTICT - 572 102. …PETITIONER (BY SRI. K.A. CHANDRASHEKARA, ADVOCATE) AND:
SRI. CHETHANKUMAR G.R S/O RAJANNA AGED ABOUT 29 YEARS, R/AT GULIHALLI VILLAGE, SRIRAMPURA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 527. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CP IS FILED U/S.24 OF CPC 1908, PRAYING TO WITHDRAW THE CASE IN M.C. NO.32/2025 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, CHITRADURGA DISTRICT TO SENIOR CIVIL JUDGE AND JMFC COURT, CHIKKANAYAKANA HALLI, TUMAKURU DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:40521 CP No. 337 of 2025
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.K.A.Chandrashekara, learned counsel for the petitioner. Respondent 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 in the above case prays that this Hon’ble Court be pleased pass the order, withdraw a case in MC No.32/2025 pending on the file of the Hon’ble Senior Civil Judge and JMFC, Hosadurga, Chitradurga District and transfer the same to the Hon’ble Senior Civil Judge and JMFC Court at Chikkanayakana Halli, Tumakuru District, for the kind disposal of the case in accordance with law, to meet the ends of justice.”
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 24.02.2023 in Tumkur District as per the customs and rituals in their community.
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HC-KAR NC: 2025:KHC:40521 CP No. 337 of 2025 3.2 Matrimonial relationship is strained and as a result, a petition came to be filed in M.C.No.32/2025 by the husband under Section 9 of the Hindu Marriage Act on the file of the Senior Civil Judge and JMFC, Hosadurga. 3.3 Petitioner is seeking transfer of the said case to the Court at Tumakuru District on the ground that it is very difficulty for her to travel to Hosadurga and she is unable to visit the Court at Hosadurga on every date of hearing and thus sought for transfer.
4. The difficulty expressed by the petitioner/wife in attending the Court at Hosadurga is the travelling difficulty and it is difficulty for her to proceed to Hosadurga 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.
6. Taking note of the above facts, petition needs to be allowed on the condition that for every hearing when
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HC-KAR NC: 2025:KHC:40521 CP No. 337 of 2025 the respondent appears before the Court at Tumakuru, 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.32/2025 pending on the file of Senior Civil Judge and JMFC, Hosadurga, Chitradurga District is hereby transferred to the Senior Civil Judge and JMFC, Chikkanayakanahalli, Tumakuru District. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 70/CT: BHK