Allowed¶30

Smt Amrutha R v. Sri Sandesh R Gowda

Karnataka HC7 Jan 2025CP/225/2024

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), CP No. 225 of 2024, decided 07.01.2025 by Dr. Justice Chillakur Sumalatha. Wife's Section 24 CPC transfer petition allowed: M.C.No.78/2022 moved from Senior Civil Judge, Krishnarajapete to Senior Civil Judge, Chitradurga on grounds of her residence at Chitradurga and travel hardship; husband refused notice, leaving transfer grounds unopposed; records to be transmitted within one week. Keywords: transfer of matrimonial case, Section 24 CPC, wife's convenience, refusal of notice, Chitradurga, Krishnarajapete.

What did the court decide?

Transfer of M.C.No.78/2022 from the Court of Senior Civil Judge, Krishnarajapete to the Court of Senior Civil Judge, Chitradurga, with directions to transmit the entire case records duly indexed within one week. ¶30

Smt Amrutha R Vs Sri Sandesh R Gowda — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether M.C.No.78/2022 pending before the Court of Senior Civil Judge, Krishnarajapete should be transferred to the Court of Senior Civil Judge, Chitradurga on the ground of hardship faced by the petitioner/wife in attending the court at Krishnarajapete.

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Court's answer

Since the respondent refused to receive notice and thereby failed to deny the grounds urged, the grounds for transfer remain unopposed and justifiable, and the Court considers it desirable to allow the application and effect the transfer.

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Ratio / Principle

The transfer petition is allowed and M.C.No.78/2022 pending before the Court of Senior Civil Judge, Krishnarajapete is withdrawn and transferred to the Court of Senior Civil Judge, Chitradurga.

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Key takeaways

The Court of Senior Civil Judge, Krishnarajpete is directed to transmit the entire case records to the Court of Senior Civil Judge, Chitradurga, duly indexed, within one week of receipt of the order.ratio¶32

Detailed headnote1 paragraphs

Transfer petition under Section 24 of CPC 1908 filed by the wife seeking transfer of M.C.No.78/2022 (dissolution-of-marriage petition filed by the husband) from the Court of Senior Civil Judge, Krishnarajapete to the Court of Senior Civil Judge, Chitradurga. Grounds: petitioner resides at Chitradurga, infrequent bus connectivity, travel by three different buses, and hardship faced as a woman in attending every adjournment. Notice to the respondent was returned with endorsement 'refused'; the grounds therefore remained unopposed and were held justifiable. Petition allowed; case withdrawn from Krishnarajapete and transferred to Chitradurga; transferring court directed to transmit entire case records duly indexed within one week. Single-judge order of Dr. Justice Chillakur Sumalatha dated 07.01.2025.

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1 - NC: 2025:KHC:205 CP No. 225 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 225 OF 2024

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BETWEEN:

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SMT. AMRUTHA R., W/O. SANDEESH R., AGED 34 YEARS, D/O RAMAKRISHNA, 'HOMBALE' VENKATARAMANA TEMPLE OPP ROAD, SREE LAKSHMI VENKATESWARA BADAVANE BANK COLONY, CHITRADURGA - 577 501.

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…PETITIONER

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(BY SRI. JAYANNA G. R.,ADVOCATE)

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AND:

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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SRI. SANDESH R. GOWDA S/O K. M. RAMAKRISHNA GOWDA 36 YEARS, KATTEKATHANAHALLI, K. R. PETE TALUK, MANDYA DISTRICT- 571 426.

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…RESPONDENT

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(NOTICE TO RESPONDENT IS HELD SUFFICIENT, V/O. DATED 07.01.2025)

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THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER THE M.C. No. 78/2022 PENDING BEFORE THE HON'BLE SENIOR CIVIL JUDGE, CHITRADURGA.

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

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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NC: 2025:KHC:205 CP No. 225 of 2024

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ORAL ORDER

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Heard Sri.Jayanna.G.R. learned counsel for the petitioner.

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Notice sent to respondent returned with an endorsement ''refused''.

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This is an application filed seeking the Court to transfer M.C.No.78/2022 which is pending before the Court of Senior Civil Judge, Krishnarajapete to the Court of Senior Civil Judge, Chitradurga.

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Learned counsel for the petitioner submits that the petitioner and respondent are legally wedded wife and husband. Disputes arose between them and therefore, they are living separately. The respondent/husband filed a petition seeking dissolution of marriage and the same is pending before the Court of Senior Civil Judge, Krishnarajapete as M.C.No.78/2022. The petitioner/wife is residing at Chitradurga. There is no frequency of buses between Chitradurga and Krishnarajapete. To reach Krishnarajapete where the case is pending, the petitioner/wife has to travel in three different buses. Being woman, she is facing much hardship to attend the Court for each and every adjournment. Therefore, the petitioner/wife moved an application for transfer of the case from the Court of Senior Civil Judge, Krishnarajapete to the Court of Senior Civil Judge, Chitradurga.

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3 - NC: 2025:KHC:205 CP No. 225 of 2024

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The respondent/husband by refusing to receive the notice, failed to deny the grounds urged seeking transfer of the case. The grounds projected and put forth before this Court seeking transfer of the case thus remain unopposed and are justifiable.

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Therefore, this Court considers desirable to allow

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the application and thereby to affect transfer. Thus, the following:

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ORDER

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(i) The petition is allowed.

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(ii) The case in M.C.No.78/2022 that is pending before the Court of Senior Civil Judge, Krishnarajapete is withdrawn and transferred to the Court of Senior Civil Judge, Chitradurga.

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(iii) The Court of Senior Civil Judge, Krishnarajpete is directed to transmit entire case records to the Court of Senior Civil Judge, Chitradurga duly indexed within a period of one week from the date of receipt of copy of this order.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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DS CT:TSM List No.: 1 Sl No.: 7

Smt Amrutha R v. Sri Sandesh R Gowda

Case brief

What is this about?

What did the court decide?

Smt Amrutha R v. Sri Sandesh R Gowda

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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