Dr. Shreya Mallesh Vs Dr. Niranjana P B

DR. SHREYA MALLESH W/O NIRANJAN P.B, D/O MALLESHAPPA PUTTAPPA HULLAMANI, AGED ABOUT 33 YEARS, RESIDING AT NO.689, 5^TH WARD, RMR ROAD, CITY HOSPITAL, DURGIGUDI, SHIVAMOGGA - 577 201

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…PETITIONER

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(BY SRI. VARADARAJ RANGANATHA RAO HAVALDAR, ADVOCATE)

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AND:

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

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DR. NIRANJANA P B S/O PUTASWAMY B.K, AGED ABOUT 32 YEARS, RESIDING AT NO.78/A, VEERESHWARA NILAYA, VEERABHADRASWAMY LAYOUT, NEAR CHURCH, UTTARAHALLI, SUBRAMANYAPURA POST, BENGALURU - 560 061

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…RESPONDENT

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(BY SRI. CHALUVARAJU M D, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO WITHDRAW THE MC CASE NO.2334/2025 ON THE FILE OF THE IV

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NC: 2025:KHC:32995 CP No. 239 of 2025

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HC-KAR

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ADDITIONAL PRL. JUDGE, FAMILY COURT, BANGALORE AND THE TRANSFER THE SAME FOR TRIAL AND DISPOSAL TO THE FAMILY COURT AT SHIVAMOGGA; GRANT SUCH OTHER RELIEF/S AS THIS HON’BLE COURT MAY DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The present petition is filed by the wife seeking to withdraw and transfer M.C.No.2334/2025 filed by the respondent - husband under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 ('Act' for short) pending on the file of the Principal Judge, Family Court, Bengaluru to the Family Court at Shivamogga.

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

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Learned counsel for the petitioner submits that petitioner is a Gynecologist by profession and has joined as an Assistant Professor in Subbaiah Institute of Medical

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Science at Shivamogga on permanent basis. The

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3 - NC: 2025:KHC:32995 CP No. 239 of 2025

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HC-KAR

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petitioner has the care and custody of her minor daughter,

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aged about 2 and half years, who has already been admitted to Nursery School at Shivamogga. It is urged that the travel distance between Shivamogga and Bengaluru is around more than 200 Kms and travelling such distance repeatedly to attend the proceedings would cause undue hardship and inconvenience to the petitioner.

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Per contra, learned counsel appearing for the respondent opposes the petition by contending that there is threat to the life of the respondent - husband at Shivamogga and therefore, the proceedings ought not to be transferred.

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The marriage between the petitioner and the respondent was solemnized on 27.03.2022 as per Hindu customs and rituals. From the wedlock, there is a child born, who is under the care and custody of the petitioner. Due to an un-cordial relationship between them, they are residing separately for quite some time.

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NC: 2025:KHC:32995 CP No. 239 of 2025

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HC-KAR

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The respondent has instituted petition for divorce in M.C.No.2334/2025 under the provisions of Hindu Marriage Act, 1955. The petitioner is residing at Shivamogga with her minor daughter and is employed on permanent basis as an Assistant Professor in Medical Institute, Shivamogaa. The travel distance between Shivamogaa and Bangalore being more than 200 kms, compelling the petitioner to travel for such distance with the minor child would undoubtedly cause hardship and inconvenience. Though the submission of the learned counsel for the respondent is that there is threat to the life of the respondent at Shivamogaa, is not supported by any cogent material. Mere apprehension without supporting evidence cannot be a ground to deny transfer. In matrimonial cases, when wife seeks for transfer invoking Section 24 of CPC, the cardinal principle is the convenience of the wife than the inconvenience caused to the husband, particularly when she has the custody of a minor child.

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NC: 2025:KHC:32995 CP No. 239 of 2025

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HC-KAR

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For the foregoing reasons, this Court pass the

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following:

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ORDER

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i. The Civil Petition is allowed.

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ii. M.C.No.2334/2025 pending on the file of the Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the Family Court at Shivamogga.

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iii. The parties shall appear before the Family Court, Shivamogga on 19.09.2025 without waiting for further notice.

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iv. The Family Court, Shivamogga to dispose of the matter expeditiously as possible.

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Sd/-

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____________________ JUSTICE K.S. HEMALEKHA

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MH/-

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List No.: 1 Sl No.: 12

Dr. Shreya Mallesh v. Dr. Niranjana P B

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Dr. Shreya Mallesh v. Dr. Niranjana P B

Case brief

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