Smt. K Chamakamala Vs Shri. L Shekar

THIS CIVIL PETITION UNDER SECTION 24 OF THE CPC 1908, PRAYING THAT THIS HON’BLE COURT BE PLEASED TO TRANSFER OF MC NO.88 OF 2022, FILED BY RESPONDENT, TITLED SRI. L. SHEKAR VS. SMT. K. CHAMPAKAMALA, FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955 PENDING BEFORE IN THE COURT OF THE HON’BLE ADDL. SENIOR CIVIL JUDGE, AND JMFC, K.G.F. (SITTING AT BANGARPET) TO THE COURT OF THE HON’BLE FAMILY COURT AT BANGALURU VIDE ANNEXURE NO. ‘A’ AND ALL FURTHER PROCEEDINGS THEREON.

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

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NC: 2025:KHC:38516 CP No. 137 of 2024

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HC-KAR

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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 wife seeking to withdraw and transfer M.C.No.88/2022, instituted by the respondent-husband seeking dissolution of marriage under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 (‘the Act’ for short), pending on the file of the Additional Senior Civil Judge and JMFC, KGF (sitting at Bangarpet) to the Family Court at Bengaluru.

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Heard the learned counsel for the petitioner and

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learned counsel for the respondent.

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Learned counsel for the petitioner submits that

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the petitioner is presently residing at Bengaluru and has care and custody of a minor child aged about six years. The petitioner has already instituted M.C. No.3632/2022 seeking restitution of conjugal rights under Section 9 of the Act, which is pending adjudication before IV Additional Principal Judge, Family Court at Bengaluru. The travel

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3 - NC: 2025:KHC:38516 CP No. 137 of 2024

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HC-KAR

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distance from Bengaluru to Bangarpet is around 120 kms one way. Compelling her to travel such a distance on each hearing date would cause great hardship and inconvenience to the petitioner in effectively prosecuting the proceedings initiated by her husband before the Additional Senior Civil Judge and JMFC, KGF, especially considering her responsibility towards her minor child. Furthermore, to obviate conflicting judgments, transfer to Bengaluru is warranted.

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Per contra , learned counsel for the respondent

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fairly submits that the civil petition filed by the wife may be allowed.

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The submissions of the learned counsel are placed on record.

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Upon consideration of the material on record, noting that M.C. No.3632/2022 is already pending before the IV Additional Family Court, Bengaluru, that the petitioner has the care and custody of her minor child, and

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NC: 2025:KHC:38516 CP No. 137 of 2024

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HC-KAR

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in view of the fair submission made by the respondent, this Court is of the opinion that the transfer petition deserves to be allowed.

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ORDER

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i. The Civil Petition is allowed.

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ii. M.C.No.88/2022 pending on the file of the Additional Senior Civil Judge and JMFC, KGF (sitting at Bangarpet) is withdrawn and transferred to the IV Additional Principal Judge, Family Court at Bengaluru to be tried along with M.C. No.3632/2022.

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iii. M.C. No.3632/2022 is listed on 06.11.2025. In such circumstances, the parties are directed to appear before the Family Court, Bengaluru on 06.11.2025 without awaiting for further notice.

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iv. The Registry of the Additional Senior Civil Judge and JMFC, KGF (sitting at Bangarpet) shall forthwith transmit the entire records in M.C.No.3632/2022 to the IV Additional Principal Judge, Family Court at Bengaluru.

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Sd/-

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MBM/List No.: 1 Sl No.: 1

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_____________________ JUSTICE K.S. HEMALEKHA

Smt. K Chamakamala v. Shri. L Shekar

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Smt. K Chamakamala v. Shri. L Shekar

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