Allowed¶35

Aishwaryabai K H v. Shashi Kumar v

Karnataka HC15 Jan 2025CP/237/2024

Case brief

AI extract

What is this about?

NC: 2025:KHC:1338; CP No. 237 of 2024; High Court of Karnataka at Bengaluru; Dr. Justice Chillakur Sumalatha; decided 15-01-2025. Section 24 CPC transfer petition by wife (Aishwaryabai K. H.) to shift husband's divorce case M.C.No.48/2024 from I Additional Principal Judge, Family Court, Tumkur to Family Court, Davanagere; wife resident of Hosahalli village, Davanagere District; distance about 220 Kms; hardship of travel with 3-year-old child in her custody; respondent served but unrepresented and did not contest; petition allowed; records to be transmitted within one week.

What did the court decide?

Transfer of M.C.No.48/2024 from the Court of I Additional Principal Judge, Family Court, Tumkur to the Family Court, Davanagere, with a direction to the transferor court to transmit the indexed records within one week. ¶35

Aishwaryabai K H Vs Shashi Kumar v — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:1338 CP No. 237 of 2024

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

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 237 OF 2024

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BETWEEN:

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AISHWARYABAI K. H., W/O SHASHI KUMAR V D/O KUMAR RAO KIRIJANT, AGED ABOUT 21 YEARS, R/AT NO 29, BHOVI COLONY, HOSAHALLI VILLAGE, HONNALIL TALUK, DAVANGERE DISTRICT - 577 224.

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…PETITIONER

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(BY SRI. SREE HARSHA A. K.,ADVOCATE)

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AND:

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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SHASHI KUMAR V., S/O VISHWANATH RAO, AGED ABOUT 26 YEARS, R/AT 13^TH CROSS, P. H. COLONY, TUMKUR - 572 101.

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(RESPONDENT SERVED)

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…RESPONDENT

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THIS CIVIL PETITION FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER M.C.NO.48/2024 ON THE FILE OF HONBLE I ADDL PRL JUDGE FAMILY COURT TUMAKURU TO FAMILY COURT DAVANAGERE BY ALLOWING THIS PETITION.

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

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NC: 2025:KHC:1338 CP No. 237 of 2024

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL ORDER

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Heard Sri.Sree Harsha.A.K, learned counsel for the petitioner. Despite service of notice, the respondent did not choose to appear.

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This is a petition filed under Section 24 of Code of Civil Procedure seeking the Court to transfer M.C.No.48/2024 which is pending before the Court of I Additional Principal Judge, Family Court, Tumkur to the Family Court, Davanagere.

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Learned counsel for the petitioner submits that

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the petitioner is the legally wedded wife of the respondent. Out of the lawful wedlock, they gave birth to a male child and the said child is aged about 3 years at present. The petitioner is looking after the welfare of the said child and the said child is under the custody of the petitioner.

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Learned counsel for the petitioner submits that

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the respondent moved an application seeking dissolution

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3 - NC: 2025:KHC:1338 CP No. 237 of 2024

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of marriage vide M.C.No.48/2024 and the same is pending before the Court of I Additional Principal Judge, Family Court, Tumkur. The distance between Tumkur and Hosahalli village where the petitioner is residing at present is about 220 Kms. Hosahalli village is in Davanagere District. The petitioner is facing much difficulty in travelling

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such a long distance along with the child in attending the Court on each and every date of adjournment. Therefore, she moved the petition seeking transfer of the case to the Court at Davanagere in which District she resides. Learned counsel thereby seeks to effect transfer as sought for.

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The respondent did not choose to contest the

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matter and thereby failed to oppose the grounds urged.

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Having considered the grounds urged which

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appears justifiable, this Court is of the view that the transfer as prayed for is required to be effected.

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Thus the following:

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ORDER

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(i) The Petition is allowed.

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NC: 2025:KHC:1338 CP No. 237 of 2024

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(ii) M.C.No.48/2024 which is pending before the Court of I Additional Principal Judge, Family Court, Tumkur is withdrawn and is transferred to the Family Court, Davanagere.

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(iii) The Court of I Additional Principal Judge, Family Court, Tumkur is directed to transmit entire records duly indexed in M.C.No.48/2024 to the Family Court, Davanagere 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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NS CT:TSM List No.: 1 Sl No.: 29

Aishwaryabai K H v. Shashi Kumar v

Case brief

What is this about?

What did the court decide?

Aishwaryabai K H v. Shashi Kumar v

Case brief

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