Smt. R. Kalpana Singh Vs Sri Abhilash Singh M — Karnataka HC (2025) — LawSathi Research

Smt. R. Kalpana Singh Vs Sri Abhilash Singh M — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

M.C. No.7149/2023 withdrawn from the Court of V Additional Principal Judge, Family Court, Bangalore and transferred to the Family Court, Bellary; entire record to be transmitted within one week; both parties directed to appear before the Family Court, Bellary on 03.03.2025; issuance of further notice not required.

Issue for consideration

Whether M.C. No.7149/2023 pending before the V Additional Principal Judge, Family Court, Bengaluru should be transferred to the Family Court at Bellary for further disposal. +1 more

Court's answer

Having considered the grounds urged, the Court was of the view that the request for transfer of the case is required to be considered.

Ratio / Principle

The petition is allowed; M.C. No.7149/2023 pending before the V Additional Principal Judge, Family Court, Bangalore is withdrawn and transferred to the Family Court, Bellary.

Key takeaways

The Court of V Additional Principal Judge, Family Court, Bangalore is directed to transmit the entire record in M.C. No.7149/2023, duly indexed, to the Family Court, Bellary within one week from receipt of the order.ratio¶38

Detailed headnote1 paragraphs

Transfer petition under S.24 CPC filed by the wife (petitioner), residing at Bellary, seeking transfer of the husband's dissolution-of-marriage petition M.C. No.7149/2023 from the Court of the V Additional Principal Judge, Family Court, Bengaluru to the Family Court, Bellary. Petitioner stated the distance between Bangalore and Bellary is around 450 to 500 Kms, that she is unable to travel to attend court on each date of adjournment, and that except her aged father she has none to look after her. Respondent contended the petitioner is a B.E graduate with work experience who projects herself as jobless only to extract money, rendering the petition not maintainable. Held: having considered the grounds urged, the request for transfer required consideration; the petition was allowed; M.C. No.7149/2023 was withdrawn from the Bengaluru Family Court and transferred to the Family Court, Bellary; the Bengaluru court was directed to transmit the entire indexed record within one week; both parties were directed to appear before the Family Court, Bellary on 03.03.2025; issuance of further notice was held not required.

1 - NC: 2025:KHC:1629 CP No. 167 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 167 OF 2024

BETWEEN:

SMT. R. KALPANA SINGH, W/O ABHILASH SINGH M., AGED ABOUT 27 YEARS, NO.16, WARD NO.17, NEAR GANESH TEMPLE, GOLLANARESAPPA COLONY, SATHYANARAYANAPET, BELLARY 583 101.

…PETITIONER

(BY SRI. SHANKARAGULLI MAHANTAPPA SANGAPPA, ADVOCATE)

AND:

Digitally signed by AASEEFA PARVEEN

Location: HIGH COURT OF KARNATAKA

SRI. ABHILASH SINGH M., S/O MANSINGH JAYARAM G., AGED ABOUT 36 YEARS, NO. 1853/2 DOS-ISRO HOUSING COLONY, J.B. NAGAR, BENGALURU NORTH, BENGALURU 560 075

…RESPONDENT

(BY SRI. ALLAMAPRABHU, ADVOCATE FOR SRI. SHEKHAR BADIGER, ADVOCATE)

THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO, (A) TRANSFER MC NO.7149/2023 PENDING ON THE FILE OF THE VTH ADDITIONAL PRINCIPAL JUDGE, FAMILY

2 - NC: 2025:KHC:1629 CP No. 167 of 2024

COURT, BENGALURU TO FAMILY COURT AT BELLARY FOR FURTHER DISPOSAL IN THE INTEREST OF JUSTICE AND EQUITY

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri.Shankaragulli M.S learned counsel for the petitioner as well as Sri.Allamaprabhu who represents Sri.Shekhar Badiger learned counsel on record for the respondent. Gone through the contents of the objections filed. The petitioner moved a petition seeking transfer of M.C. No.7149/2023 which is pending before the Court of V Additional Principal Judge, Family Court, Bengaluru to Family Court, Bellary.

Learned counsel for the petitioner states that the petitioner is the legally wedded wife of the respondent. After marriage, disputes arose between them and therefore they are residing separately. While the petitioner is residing at Bellary, the respondent is residing at

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NC: 2025:KHC:1629 CP No. 167 of 2024

Bangalore. The respondent filed a petition vide M.C. No.7149/2023 which is pending before the Court of V Additional Principal Judge, Family Court, Bangalore seeking dissolution of marriage. The petitioner is unable to travel from Bellary to Bangalore to attend the Court on each and every date of adjournment. The distance between Bangalore and Bellary is around 450 to 500 Kms. Except her aged father, she has none to lookafter her. Therefore, she moved an application seeking for transfer of the case.

Learned counsel for the respondent on the other hand states that the petitioner is a B.E graduate. She has got work experience also. Only to extract money she projects herself to be jobless. Thus the petition is not maintainable.

The version of the petitioner is that being women she is unable to travel from Bellary to Bangalore to attend the Court and there are none to assist her.

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NC: 2025:KHC:1629 CP No. 167 of 2024

Having considered the grounds thus urged, this

Court is of the view that the request for transfer of the case is required to be considered.

Thus, the following:-

ORDER

i. The petition is allowed.

ii. M.C No.7149/2023 which is pending before the Court of V Additional Principal Judge, Family Court, Bangalore is withdrawn and is transferred to the Family Court, Bellary.

iii. The Court of V Additional Principal Judge, Family Court, Bangalore is directed to transmit the entire record in M.C No.7149/2023 duly indexed to the Family Court, Bellary within one week from the date of receipt of copy of this order.

NC: 2025:KHC:1629 CP No. 167 of 2024

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iv. Both parties are directed to make their appearance before the Family Court, Bellary on 03.03.2025.

v. Issuances of further notice is not required.

Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

VS List No.: 1 Sl No.: 29