Smt. Deepika. S Vs Sri. Naveen Kumar. v. v.

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1 - NC: 2025:KHC:34737 CP No. 104 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 104 OF 2025

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BETWEEN:

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SMT. DEEPIKA. S, W/O NAVEEN KUMAR V.V, D/O SREERAMAPPA.M, AGED ABOUT 27 YEARS, R/A NO.12, 2^ND FLOOR, 12^TH CROSS, SRI. VINAYAKA TEMPLE ROAD BENDRENAGAR, BENGALURU-560 076.

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…PETITIONER

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(BY SRI. K P BHUVAN.,ADVOCATE) AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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SRI. NAVEEN KUMAR. V. V, S/O VENKATAKRISHNAPPA, AGED ABOUT 34 YEARS, R/A VARLAKONDA VILLAGE, SOMENAHALLI HOBLI, GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT-562 104.

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…RESPONDENT (BY SRI. MURALI M..,ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE CASE IN M.C.NO.85/2023 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHIKKABALLAPUR TO THE COURT OF THE PRINCIPAL FAMLY COURT AT BENGALURU WHERE M.C.NO.6935/2023 IS PENDING IN ORDER TO ADJUDICATE THE ISSUES INVOLVED BETWEEN THE PARTIES EFFECTIVELY AND DIRECT THAT BOTH THE MATTERS ARE CLUBBED AND CONSIDERED TOGETHER.

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NC: 2025:KHC:34737 CP No. 104 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The present petition is filed by the petitioner-wife seeking to withdraw and transfer MC.No.85/2023 pending on the file of the Senior Civil Judge, Gudibande, Chikkaballapur District, initiated by the respondent-husband seeking restitution of conjugal rights, to the Principal Family Court at Bengaluru, where MC.No.6935/2025 initiated by the petitioner seeking dissolution of the marriage, is pending adjudication.

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Heard learned counsel appearing for the petitioner

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and the learned counsel appearing for the respondent.

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The marriage between the petitioner and the respondent was solemnized on 28.08.2020 as per the customs prevailing in their community. The couple is blessed with a child, who is now aged about 4 years. Due to an un-cordial relationship between them, they have been residing separately for quite some time.

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NC: 2025:KHC:34737 CP No. 104 of 2025

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HC-KAR

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Learned counsel for the petitioner submits that the petitioner is residing at Bengaluru and has initiated MC.No.6935/2023 under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 seeking dissolution of the marriage before the Principal Family Court, Bengaluru. On the other hand, the respondent has filed a petition seeking restitution of conjugal rights in MC.No.85/2023 before the Gudibande Court, which is now been heard and adjudicated before the Gudibande Court. It is further submitted that the petitioner is a mother of a minor child aged about 4 years and the travel distance between Bengaluru to Gudibande, is around 95 kms. The said travel causes undue hardship and inconvenience to the petitioner in attending proceedings at Gudibande on each hearing date.

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Per contra , the learned counsel for the respondent submits that the petition filed by the respondent was instituted on 15.09.2023 before the Chikkaballapur Court. The petitioner has already entered appearance in the said proceedings during the year 2023, and the matter has now progressed to the stage of cross examination of PW.1. In these circumstances, it is contended that since the matrimonial case is already at the

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NC: 2025:KHC:34737 CP No. 104 of 2025

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HC-KAR

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stage of evidence and nearing conclusion, no substantial inconvenience would be caused to the petitioner if the proceedings are continued before the Gudibande Court. On the contrary, transferring the case at this advanced stage would only result in unnecessary delay is disposal of the matter.

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N.C.V. Aishwarya Vs. A.S.Saravana Karthik

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Sha¹ (Aishwarya) has held that the ends of justice should demand the transfer and, given the prevailing socioeconomic paradigm, generally the wife's convenience must be looked at while considering a transfer under Section 24 of CPC, in matrimonial matters Courts must weigh the economic and social circumstances of the parties. Thus, the cardinal principle is the convenience of the wife and welfare of the minor child

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are paramount consideration while exercising jurisdiction under Section 24 of the Code of Civil Procedure, 1908.

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In the instant case, the petitioner is residing at Bengaluru along with her minor child, who is aged about 4 years and that she has initiated MC.No.6935/2023, seeking

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1 Civil Appeal No.4894/2022

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NC: 2025:KHC:34737 CP No. 104 of 2025

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HC-KAR

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dissolution of marriage before the Family Court, Bengaluru. The fact that the petitioner has to travel long distance of 95 kms with the responsibility of a 4 years child is a matter of real hardship which outweighs the stage of proceedings and once the proceedings are transferred, the transferee Court will continue at the stage where it is stopped. Further, if MC.No.85/2023 filed by the respondent for restitution of conjugal rights is withdrawn and transfered to the Principal Family Court at Bengaluru, it would avoid multiplicity of proceedings and this Court is of the considered view, the transfer sought is genuine and substantial and this Court pass the following:

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ORDER

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i. The Civil Petition is allowed.

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ii. MC.No.85/2023 pending on the file of the Senior Civil Judge at Gudibande, Chikkaballapur District is withdrawn and transferred to the Principal Family Court at Bengaluru to be heard along with MC.No.6935/2023.

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