Mrs. Apoorvi S Padaval Vs Mr.B.C. Shankar Jadhav — Karnataka HC (2025) — LawSathi Research

Mrs. Apoorvi S Padaval Vs Mr.B.C. Shankar Jadhav — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceedings in M.C.No.144/2024 withdrawn from the Family Court, Davanagere and transferred to the Principal Family Court, Mysuru; the Family Court, Davanagere directed to transmit the entire records in M.C.No.144/2024 duly indexed to the Principal Family Court, Mysuru within one week from the date of receipt of copy of the order.

Issue for consideration

Whether the entire proceedings in M.C.No.144/2024 pending before the Family Court, Davanagere ought to be withdrawn and transferred to the Principal Family Court, Mysuru on the ground that the petitioner-wife, residing at Basavanagudi village, Mysuru District, cannot travel the long distance (around 380 kms) alone.

Court's answer

Since the grounds urged for transfer are convincing and remain unopposed (the respondent made no representation on either hearing date), transfer as prayed for is required to be effected.

Ratio / Principle

M.C.No.144 pending before the Family Court, Davanagere (printed in the operative clause as M.C.No.144/2014; referred to throughout the rest of the judgment as M.C.No.144/2024) is withdrawn and transferred to the Principal Family Court, Mysuru.

Detailed headnote1 paragraphs

Transfer of matrimonial proceedings - S.24 CPC, 1908. Wife-petitioner, presently residing at Basavanagudi village, Nanjangud taluk, Mysuru District, sought withdrawal of M.C.No.144/2024, the husband-respondent's petition for dissolution of marriage pending before the Family Court, Davanagere, and its transfer to the Principal Family Court, Mysuru, the distance between Basavanagudi village and Davanagere being around 380 kms, which she was unable to travel alone. Grounds held convincing and remaining unopposed (respondent unrepresented on both 07.01.2025 and 15.01.2025), the petition was allowed; proceedings withdrawn from the Family Court, Davanagere and transferred to the Principal Family Court, Mysuru; transferring court directed to transmit the entire indexed records within one week of receipt of copy of the order.

1 -

NC: 2025:KHC:1422 CP No. 213 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

CIVIL PETITION NO. 213 OF 2024

BETWEEN:

MRS. APOORVI S. PADAVAL W/O MR. B. C. SHANKAR JADHAV, AGED ABOUT 36 YEARS, PERMANENT RESIDENT OF NO. 5334/3, BASAVANAGUDI, NANJANGUDU TOWN AND POST, NANJANGUDU TLAUK, MYSURU DISTRICT, KARNATAKA - 571 301.

PRESENTLY RESIDING AT: D.NO.13, 37^TH CROSS, MAHADESHWARA BADAVANDE, VIJAYANAGARA, II STAGE, MYSURU Digitally signed KARNATAKA - 570 016. by AASEEFA …PETITIONER PARVEEN Location: HIGH (BY SRI. MILASH ARROL NORONHA, ADVOCATE) COURT OF KARNATAKA AND:

MR.B.C. SHANKAR JADHAV, S/O MR. B. S. CHANDRASHEKAR JADHAV AGED ABOUT 40 YEARS, RESIDING AT D NO.4650/2, 4th MAIN 2^ND CROSS, NEAR INDOOR STADIUM, S. S. LAYOUT, 'B' BLOCK, DAVANGERE, KARNATAKA - 577 004. …RESPONDENT

(SRI. G.J. SUNKAPUR, ADVOCATE (ABSENT))

2 -

NC: 2025:KHC:1422 CP No. 213 of 2024

THIS CIVIL PETITION FILED UNDER SEC.24 OF THE CPC, 1908 PRAYING TO WITHDRAW THE ENTIRE PROCEEDINGS IN M.C. NO. 144 OF 2024 PENDING ON THE FILE OF THE LEARNED FAMILY COURT JUDGE, DAVANAGERE AND TO TRANSFER THE SAME FOR ADJUDICATION BEFORE THE LEARNED PRINCIPAL FAMILY COURT, MYSURU.

THIS PETITION, COMING ON FOR 'PART-HEARD' ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

The matter was heard on petitioner's side on 07.01.2025. There was no representation on respondent's side on call on the said day. To give fair opportunity to the respondent to make his submission, the matter was ordered to be adjourned and accordingly the matter was adjourned and is listed on this day. However, even on this day there is no representation on respondent's side.

The petitioner filed a petition seeking the Court to transfer M.C.No.144/2024 which is pending before the Family Court, Davanagere to the Principal Family Court, Mysuru.

Learned counsel for the appellant Sri.Milash A.N. submitted that the petitioner is the legally wedded wife of the respondent. They lead marital life for some time and thereafter

3 - NC: 2025:KHC:1422 CP No. 213 of 2024

disputes arose between them. The petitioner is residing at Basavanagudi village of Mysuru District at present. The respondent filed a petition seeking dissolution of marriage vide M.C.No.144/2024 and the same is pending before the Family Court, Davanagere. The distance between Basavanagudi Village and Davanagere is around 380 kms. The petitioner is unable to travel such a long distance, that too alone and therefore she filed the present petition seeking transfer of the case.

The grounds urged and projected are convincing. Also the said grounds remain unopposed. Therefore, 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.

ii) M.C.No.144/2014 which is pending before the Family Court, Davanagere, is withdrawn and transferred to the Principal Family Court, Mysuru.

iii) The Family Court, Davanagere, is directed to transmit the entire records in M.C.No.144/2024 duly indexed to the

4 -

NC: 2025:KHC:1422 CP No. 213 of 2024

Principal Family Court, Mysuru within a period of one week from the date of receipt of copy of this order.

Sd/(DR.CHILLAKUR SUMALATHA)

JUDGE

AP CT:TSM List No.: 1 Sl No.: 57