Smt. Pavithra v Patel Vs Sri Mahendra Pateel G P — Karnataka HC (2025) — LawSathi Research

Smt. Pavithra v Patel Vs Sri Mahendra Pateel G P — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:10200 CP No. 12 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 12 OF 2025

BETWEEN:

SMT. PAVITHRA V. PATEL AGED ABOUT 36 YEARS, W/O MAHENDRA PATEEL, R/A DOOR NO.2910, BELAKU, 21^ST MAIN, NEAR VIJAYANAGARA POLICE STATION, 2^ND STAGE, VIJAYANAGARA MYSURU- 570 017

…PETITIONER

(BY SRI. RAJATH, ADVOCATE)

AND:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

SRI.MAHENDRA PATEEL G.P., S/O PALAKSHAPPA G., AGED 40 YEARS, R/O ABBALAGERE VILLAGE AND POST, SHIVAMOGGA TALUK- 577 204

…RESPONDENT

(RESPONDENT SERVED AND UNREPRESENTED)

THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER M.C.NO.289/2024 FROM THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, TO THE PRINCIPAL JUDGE, FAMILY COURT, MYSURU, AND MAY BE PLEASED TO PASS ANY OTHER JUDGMENT/ ORDER/ RELIEF AS IT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2025:KHC:10200 CP No. 12 of 2025

ORAL ORDER

The present petition is filed by the petitioner/wife seeking transfer of MC.No.289/2024 filed by the respondent/husband which is pending on the file of the Principal Judge, Family Court, Shivamogga, to the file of Principal Judge, Family Court, Mysuru.

The parties are referred to as husband and wife for the sake of convenience.

The facts of the case are that the marriage between

the petitioner and the respondent was solemnized on 29.06.2012 in Mysuru and from the wedlock, they are blessed with two children who is aged 11 years and 8 years and the children are staying along with the wife at Mysuru. In view of the differences between the parties, the husband had filed MC.No.289/2024 before the Principal Judge, Family Court, Shivamogga, seeking restitution of conjugal rights and notice was issued to the petitioner on 11.09.2014.

Learned counsel appearing for the wife submits that the distance between Mysuru and Shivamogga is about 250 kilometres and apart from that the wife is having 75%

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NC: 2025:KHC:10200 CP No. 12 of 2025

locomotor disability and further, she has to take care of her two children.

Though notice is served on the respondent, no vakalath is filed on behalf of him.

Considering the arguments of the learned counsel for the wife and the fact that the distance between Shivamogga and Mysuru is about 250 kilometres and as the wife is physically handicapped and suffering with 75% locomotor disability and she has to take care of the children, this Court deems it appropriate to pass the following:

ORDER

i. MC.No.289/2024 which is pending on the file of the Principal Judge, Family Court, Shivamogga, is withdrawn and the same is transferred to the file of the Principal Judge, Family Court, Mysuru.

ii. Accordingly, the Civil Petition is allowed .

iii. All I.As. in this Civil Petition shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

MEG/List No.: 2 Sl No.: 14