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Smt. Manjula C Vs Sri. Prathap Babu D M — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Smt. Manjula C Vs Sri. Prathap Babu D MSmt. Manjula C v. Sri. Prathap Babu D M

Allowed¶33

Smt. Manjula C v. Sri. Prathap Babu D M

Karnataka HC25 Feb 2025CP/2/2025

Case brief

AI extract

What is this about?

Oral Order dated 25.02.2025 of the High Court of Karnataka (single judge, Dr. Justice Chillakur Sumalatha) in Civil Petition No. 2 of 2025 (NC: 2025:KHC:8241), filed under Section 24 of the Code of Civil Procedure, 1908 by Smt. Manjula C. to transfer M.C.No.7273/2024 (divorce petition filed by her husband Sri. Prathap Babu D. M.) from the Court of II Additional Principal Judge, Family Court, Bengaluru to the Court of Principal Judge, Family Court, Mysuru. Grounds: petitioner resides at Mysuru, works as a college lecturer, and looks after the child studying in 6th standard; respondent's counsel reported no objection. Petition allowed; record transmission within one week ordered; joint appearance fixed for 17.04.2025. No precedents cited; no monetary amounts involved.

What did the court decide?

Transfer petition allowed: M.C.No.7273/2024 withdrawn from the Court of II Additional Principal Judge, Family Court, Bengaluru and transferred to the Court of Principal Judge, Family Court, Mysuru; entire record to be transmitted duly indexed within one week; both parties directed to appear before Family Court, Mysuru on 17.04.2025; further notice dispensed with.

Why is it important?

As the grounds pleaded and projected are justifiable, transfer of M.C.No.7273/2024 as prayed for is required to be effected. ¶30

What the court decided

AI extract

Outcome

Transfer petition allowed: M.C.No.7273/2024 withdrawn from the Court of II Additional Principal Judge, Family Court, Bengaluru and transferred to the Court of Principal Judge, Family Court, Mysuru; entire record to be transmitted duly indexed within one week; both parties directed to appear before Family Court, Mysuru on 17.04.2025; further notice dispensed with.

Issue for consideration

Whether M.C.No.7273/2024 pending before the II Additional Principal Judge, Family Court, Bengaluru should be transferred to the Court of Principal Judge, Family Court, Mysuru on the petitioner's application under Section 24 CPC.

Court's answer

As the grounds pleaded and projected are justifiable, transfer of M.C.No.7273/2024 as prayed for is required to be effected.

Ratio / Principle

M.C.No.7273/2024 pending before the Court of II Additional Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the Court of Principal Judge, Family Court, Mysuru; the Bengaluru court shall transmit the entire indexed record within one week; both parties shall appear before Family Court, Mysuru on 17.04.2025.

Detailed headnote1 paragraphs

Transfer petition under S.24 CPC by wife (residing and working at Mysuru, caring for school-going child) seeking shift of husband's divorce case M.C.No.7273/2024 from Family Court, Bengaluru to Family Court, Mysuru allowed; respondent reported no objection; record to be transmitted within one week; parties to appear at Mysuru on 17.04.2025.

A

1 - NC: 2025:KHC:8241 CP No. 2 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

CIVIL PETITION NO. 2 OF 2025

BETWEEN:

SMT. MANJULA C., W/O PRATHAP BABU D. M., AGED ABOUT 43 YEARS, R/AT FLAT NO.G3, GOVARDHAN APARTMENT, FIRST MAIN ROAD, LAKSHMIPURAM, MYSURU-570 004.

…PETITIONER

(BY SRI. PRASHANTH M. M., ADVOCATE)

AND:

SRI. PRATHAP BABU D. M., S/O. LATE MANJUNATH D. M., Digitally signed by C/O SMT. H. R. VIJAYA LAKSHMI, AASEEFA PARVEEN AGED ABOUT 41 YEARS, Location: HIGH R/AT NO.3, A. N. NILAYA, COURT OFKARNATAKA 5^TH CROSS, 12^TH MAIN ROAD, 'NEAR SRINAGARA PARK, SRINAGARA, BANGALORE-560 050. ALSO AT: NO.1, GROUND FLOOR, AAYUSHMAN COMPLEX, SHAKTI NAGARA, GURUVAYANKERE, KUVETTU VILLAGE, BELTHANGADY, DAKSHINA KANNADA DISTRICT-574 217.

…RESPONDENT

(BY SRI. MAHESH KUMAR K. M., ADVOCATE)

2 -

NC: 2025:KHC:8241 CP No. 2 of 2025

THIS CIVIL PETITION FILED U/S. 24 OF CPC, 1908 PRAYING TO TRANSFER THE M.C. NO. 7273/2024 PENDING ON THE FILE OF HONBLE II ADDITIONAL PRL. JUDGE, FAMILY COURT, BANGALORE, SOUTH BANGALORE, TO TRANSFER THE SAME TO THE DISPOSAL IN ACCORDANCE WITH LAW TO THE COURT OF THE HONBLE PRINCIPAL JUDGE, FAMILY COURT AT MYSURU.

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.Prashanth.M.M, learned counsel for the petitioner as well as Sri.Mahesh Kumar.K.M, learned counsel for the respondent.

This is a petition filed seeking the Court to transfer M.C.No.7273/2024 which is pending before the Court of II Additional Principal Judge, Family Court, Bengaluru to the Court of Principal Judge, Family Court, Mysuru.

Learned counsel for the petitioner submits that the petitioner is a legally wedded wife of the respondent. They gave birth to a child and the said child is residing

3 -

NC: 2025:KHC:8241 CP No. 2 of 2025

with the petitioner. The child is studying 6^th standard at present and the petitioner is looking after the welfare of the said child. The petitioner is residing at Mysuru. The petitioner is working as lecturer in a college. The petitioner who is thus under the obligation to look after the child and attend her duties, is facing much difficulty in attending the Court where M.C.No.7273/2024 which is filed by the respondent seeking a decree of divorce is pending. Therefore, she filed this petition for transfer of the case.

Learned counsel for the respondent submits

that having considered the grounds urged, the respondent reports no objection for effecting transfer.

Having considered the submission thus made

and as the grounds pleaded and projected are justifiable, this Court is of the view that transfer as prayed for is required to be effected.

Thus, the following:

ORDER

(i) The Petition is allowed.

4 -

NC: 2025:KHC:8241 CP No. 2 of 2025

(ii) M.C.No.7273/2024 which is pending before the Court of II Additional Principal Judge, Family Court, Bengaluru is withdrawn and is transferred to the Court of Principal Judge, Family Court, Mysuru.

(iii) The Court of II Additional Principal Judge, Family Court, Bengaluru is directed to transmit the entire record in M.C.No.7273/2024 duly indexed to the Court of Principal Judge, Family Court, Mysuru within one week from the date of receipt of copy of this order.

(iv) Both the parties are directed to make their appearance before the Court of Principal Judge, Family Court, Mysuru on 17.04.2025.

(v) Issuance of further notice to the parties is not required.

Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

NS CT:TSM List No.: 1 Sl No.: 27

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether M.C.No.7273/2024 pending before the II Additional Principal Judge, Family Court, Bengaluru should be transferred to the Court of Principal Judge, Family Court, Mysuru on the petitioner's application under Section 24 CPC.¶22
The court held
As the grounds pleaded and projected are justifiable, transfer of M.C.No.7273/2024 as prayed for is required to be effected.ratio¶30

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure, 1908Section 24¶17

Procedural history

How this case reached the court

AI extract

Prior proceeding
M.C.No.7273/2024, a matrimonial case filed by the respondent seeking a decree of divorce, is pending before the Court of II Additional Principal Judge, Family Court, Bengaluru.¶26
Prior proceeding
The petitioner filed this Civil Petition under Section 24 CPC praying that M.C. No. 7273/2024 be transferred for disposal to the Court of the Hon'ble Principal Judge, Family Court at Mysuru.¶17

Parties & counsel

AI extract

petitioner
Smt. Manjula C.¶8
Sri. Prashanth M. M.
respondent
Sri. Prathap Babu D. M.¶12
Sri. Mahesh Kumar K. M.

Coram

AI extract

Dr. Justice Chillakur Sumalathaauthor¶19

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 25 Feb 2025 · February
Registered: 7 Jan 2025
Case no.: CP/2/2025
CNR: KAHC010007302025
Bench: Chillakur Sumalatha
Disposal: ALLOWED
Case type: CP

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Cite this judgement

Smt. Manjula C v. Sri. Prathap Babu D M, CP/2/2025 (KA), decided on 25 February 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure, 1908Section 24

View all statutes

Procedural history2

M.C.No.7273/2024, a matrimonial case filed by the respondent seeking a decree of divorce, is pending before the Court of II Additional Principal Judge, Family Court, Bengaluru.
The petitioner filed this Civil Petition under Section 24 CPC praying that M.C. No. 7273/2024 be transferred for disposal to the Court of the Hon'ble Principal Judge, Family Court at Mysuru.

View full history

Bench / Coram

Dr. Justice Chillakur Sumalatha

Parties & counsel