Petitioner wife filed under Section 24 of CPC seeking transfer of family court proceedings from Bengaluru to Kundapura due to 400 km distance and financial difficulty. Court allowed transfer to Senior Civil Judge, Kundapura.
Proceedings in MC No. 5436/2021 transferred from IV Additional Principal Judge, Family Court, Bengaluru to Senior Civil Judge, Kundapura.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CP No. 63 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 63 OF 2022
BETWEEN:
SRI. SHILPA AGED ABOUT 32 YEARS W/O SHIVAKUMAR D/O ANANDA POOJARI R/AT LAKSHMI GANESHA NILAYA MUDUVALLI HAIKADI, HILIYANA POST HALADI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576212
…PETITIONER
(BY SRI. DIVYASHREE, ADVOCATE FOR SRI K PRASANNA SHETTY, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
SRI SHIVAKUMAR AGED 36 YEARS S/O DURGAPPA POOJARI R/AT G-05 ADITYA HOMES 8TH MAIN 14TH CROSS JUDICIAL LAYOUT GKVK POST BENGALURU-560076.
…RESPONDENT
(BY SMT. SUSHEELA, ADVOCATE FOR
CP No. 63 of 2022
SRI. ERAPPA REDDY M., ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO PASS AN ORDER TO TRANSFER THE PROCEEDINGS INITIATED BY THE RESPONDENT / HUSBAND IN M.C.NO. 5436/2021 ON THE FILE OF IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO SENIOR CIVIL JUDGE, KUNDAPURA.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for both the parties.
Section-24 of Code of Civil Procedure, seeking transfer of proceedings in MC No.5436 of 2021 filed by the respondent to the Senior Civil Judge, Kundapura.
CP No. 63 of 2022
the hardship that has been narrated at paragraph 11 of the petition, I am of the view that MC No.5436 of 2021 pending on the file of IV Additional Principal Judge, Family Court, Bengaluru be withdrawn and transferred to the Senior Civil Judge at Kundapura District, for final disposal. Accordingly, the civil petition is allowed .
Sd/JUDGE
SB List No.: 1 Sl No.: 17
3 issues framed by the court
Whether the High Court should transfer family court proceedings from Bengaluru to Kundapura to alleviate the petitioner's travel hardship.
Whether Section 24 of the Code of Civil Procedure applies to transfer proceedings initiated by the husband.
Is the distance and financial difficulty of the petitioner justified for a transfer order?
1 provisions across 1 enactments
Sri. Shilpa Aged About 32 Years
Sri Shivakumar Aged 36 Years
E.S. Indires
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
