Smt. Seema Umesh Bhat Vs Sri. Bharath — Karnataka HC (2025) — LawSathi Research

Smt. Seema Umesh Bhat Vs Sri. Bharath — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of MC No.7747/2024 from the I Additional Principal Judge, Family Court, Bengaluru and its transfer to the Civil Judge and J.M.F.C., Yellapur, North Canara District, to be heard along with O.S. No. 13/2024; parties directed to appear before the transferee court on 16.10.2025 without waiting for further notice.

Issue for consideration

Whether M.C. No. 7747/2024 pending before the I Additional Principal Judge, Family Court, Bengaluru should be withdrawn and transferred to the Civil Judge and J.M.F.C., Yellapur, to be heard along with O.S. No. 13/2024, so as to secure the ends of justice.

Court's answer

Since the learned counsel for the respondent submitted he had no objection to allowing the petition and transferring M.C. No. 7747/2024, the said submission was recorded and the transfer application stood allowed.

Ratio / Principle

M.C. No. 7747/2024 pending before the I Additional Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the Civil Judge and J.M.F.C., Yellapur, North Canara District, to be heard along with O.S. No. 13/2024; the parties were directed to appear before the transferee court on 16.10.2025 without waiting for further notice.

Detailed headnote1 paragraphs

Transfer petition under Section 24, Civil Procedure Code, 1908, filed by the wife seeking withdrawal of M.C. No. 7747/2024, a Restitution of Conjugal Rights petition initiated by the husband pending before the I Additional Principal Judge, Family Court, Bengaluru, and its transfer to the Civil Judge and J.M.F.C., Yellapur, North Canara District, where the wife's suit O.S. No. 13/2024 seeking declaration of nullity of marriage was pending adjudication. Counsel for the respondent-husband stated he had no objection to the transfer. Recording the submission, the Court allowed the transfer application, ordered M.C. No. 7747/2024 to be heard along with O.S. No. 13/2024 at Yellapur, and directed the parties to appear before the transferee court on 16.10.2025 without awaiting further notice.

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NC: 2025:KHC:34741 CP No. 175 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

CIVIL PETITION NO. 175 OF 2025

BETWEEN:

SMT. SEEMA UMESH BHAT, D/O UMESH BHAT, AGED ABOUT 24 YEARS, OCCUPATION: PRIVATE JOB, RESIDING AT #219, MALAVALLI-MAVINAMANE, POST: BARE, TALUK: YELLAPUR, UTTARA KANNADA- 581 337.

…PETITIONER

(BY SRI. BHAT SHANKAR SHIVARAM.,ADVOCATE)

AND:

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

SRI. BHARATH, S/O RAMAKRISHNA BHAT, AGED ABOUT 34 YEARS, OCCUPATION: PRIVATE JOB, RESIDING AT BARE, POST: BARE, TALUK: YELLAPUR, UTTARA KANNADA-581 337.

PRESENT ALSO R/AT NO.638, 29^TH MAIN ROAD, 14^TH CROSS ROAD, J.P. NAGARA, BENGALURU - 560 078.

…RESPONDENT (BY SRI. BHAT GANAPATHI NARAYANA.,ADVOCATE)

THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW

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NC: 2025:KHC:34741 CP No. 175 of 2025

HC-KAR

M.C. NO. 7747/2024 PENDING ON THE FILE OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU AND TRANSFER THE SAID M.C. NO. 7747/2024 TO CIVIL JUDGE AND JMFC AT YELLAPUR CIVIL JUDGE AT YELLAPUR TO DIRECT THE SAID COURT IN SENIOR CIVIL JUDGE AT YELLAPUR TO DISPOSE OF THE CASE TO SECURE THE ENDS OF JUSTICE.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The present petition is filed by the petitioner-wife seeking to withdraw and transfer MC.No.7747/2024 initiated by the respondent-husband for Restitution of Conjugal Rights pending on the file of the I Additional Principal Judge, Family Court at Bengaluru to the Civil Judge and J.M.F.C., Yellapur, North Canara District, where O.S.No.13/2024 initiated by the petitioner-wife seeking declaration of nullity of marriage is pending adjudication.

Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

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NC: 2025:KHC:34741 CP No. 175 of 2025

HC-KAR

Learned counsel for the respondent submits that

he has no objection to allow the petition and transfer MC.No.7747/2024 initiated by him for Restitution of Conjugal Rights to the Civil Judge and J.M.F.C., Yellapur, North Canara District.

The said submission is recorded.

In light of the above submission made by the learned counsel for the respondent, the transfer application stands allowed. Accordingly, this Court pass the following :

ORDER

i. The Civil Petition is allowed.

ii. MC No.7747/2024 pending on the file of the I Additional Principal Judge, Family Court at Bengaluru is withdrawn and transferred to the Civil Judge and J.M.F.C., Yellapur, North Canara District to be heard along with O.S.No.13/2024.

4 - NC: 2025:KHC:34741 CP No. 175 of 2025

HC-KAR

iii. The parties shall appear before the Civil Judge and J.M.F.C., Yellapur, North Canara District on 16.10.2025 without waiting for further notice.

Sd/-

____________________ JUSTICE K.S. HEMALEKHA

PHM List No.: 1 Sl No.: 6