Smt Lekhana R @ Kavya R Vs Sri Jayaprakash S R @ Preetham S R

SMT LEKHANA R @ KAVYA R W/O JAYAPRAKASH.S.R @PREETHAM.S.R AGED ABOUT 29 YEARS R/O D.NO.99/A5, SREE RAKSHA NILAYA, NEAR BANASHANKARI TEMPLE DAVANAGERE - 577 004.

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…PETITIONER

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(BY SRI. HAREESH BHANDARY T, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SRI. JAYAPRAKASH S.R @ PREETHAM S.R S/O RUDRA SHETTY S.R, AGED ABOUT 31 YEARS R/AT 150, 1ST FLOOR, VISHVESHWARA ENCLAVE, 5TH CROSS, KAMMAGONDANAHALLI, BENGALURU - 560 015.

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…RESPONDENT

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(BY SRI. S.R. SREEPRASAD, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW THE M.C. NO. 1162/2024 PENDING ON THE FILE OF THE ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND TRANSFER THE SAID CASE TO THE COURT OF THE FAMILY COURT AT DAVANAGERE AND GRANT SUCH OTHER RELIEF/S AS IT MAY DEEM FIT TO GRANT TO THIS HONBLE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC:9887 CP No. 250 of 2024 C/W CP No. 340 of 2024

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IN CP NO. 340/2024

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BETWEEN:

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SRI. S.R. PREETAM, AGED ABOUT 31 YEARS, SON OF RUDRA SHETTY, RESIDENT OF NO.150, 1ST FLOOR, VISHVESHWARA ENCLAVE, 5TH CROSS, KAMMAGONDANAHALLI, BENGALURU - 560 015.

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...PETITIONER

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(BY SRI. S.R. SREEPRASAD, ADVOCATE)

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AND:

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SMT. R. KAVYA, WIFE OF SRI. PREETAM AGED ABOUT 26 YEARS 900/A5, SRI RAKSHA NILAYA, NEAR BANASHANKARI TEMPLE, SHAKTINAGAR, DAVANAGERE - 577 001. WORKING ADDRESS SMT. KAVYA R, WORKING AT DELUXE ENTERTAINMENT INDIA PRIVATE LIMITED, TOWER-C, 4TH FLOOR, SMART WORKS GLOBAL TECHNOLOGY PARK, OUTER RING ROAD, BELLANDUR, BENGALURU - 560 103.

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...RESPONDENT

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(BY SRI. HAREESH BHANDARY, ADVOCATE)

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THIS CIVIL PETITION UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO A. PASS AN ORDER DIRECTING THE TRANSFER OF PROCEEDINGS FILED UNDER THE DV ACT AGAINST THE PETITIONER IN C.MIS. 430/2024 ON THE FILE OF THE 4TH ADDITIONAL CIVIL JUDGE AND JMFC, DAVNAGARA AND PROCEEDINGS UNDER SECTION 9 OF THE HM ACT ON THE FILE OF THE FAMILY COURT, DAVANAGERE IN MC 134/2024 TO THE FAMILY COURT, BENGALURU WHERE MC 1162/2024 ON THE FILE OF THE III ADDITIONAL JUDGE, FAMILY COURT, BENGALURU AND TO BE TRIED AT BENGALURU.

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NC: 2025:KHC:9887 CP No. 250 of 2024 C/W CP No. 340 of 2024

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

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The wife has filed C.P. No.250/2024 seeking transfer of M.C. No.1162/2024, pending on the file of the III Additional Principal Judge, Family Court, Bengaluru to the Family Court at Davanagere. The husband has filed C.P. No.340/2024 seeking transfer of M.C. No.134/2024 pending on the file of the Family Court at Davanagere to the Family Court at Bengaluru.

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The prayer that is sought by the husband is to transfer Crl.Misc.No. 430/2024, pending on the file of the IV Additional Civil Judge and JMFC, Davanagere and also M.C. No. 134/2024, pending on file of the Family Court at Davangere to Bengaluru where M.C. No. 1162/25 filed by him is pending.

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The facts of the case are that the marriage between

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the parties had taken place on 05.12.2022 and it is the case of the husband that the wife has deserted him on 18.09.2023 and according to the wife, the husband has deserted her. The husband had initiated the divorce proceedings on 17.02.2024 i.e., M.C. No. 116/2024, pending on the file of the Family

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4 - NC: 2025:KHC:9887 CP No. 250 of 2024 C/W CP No. 340 of 2024

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Court, Bangalore seeking divorce. Thereafter, the wife had filed complaint under Section 498 of IPC which is registered as Crime No. 21/2024. Then on 21.03.2024, she has filed petition seeking Restitution of Conjugal Rights before the Courts at Davangere and she has also filed a petition under the Domestic Violence Act.

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It is the case of the wife that she is residing along with her parents at Davanagere and other cases are pending before the Courts at Davanagere. As such, the matter that is pending before the Courts at Bengaluru shall be transferred to Davanagere.

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Learned counsel appearing for the husband submits that the wife is working in Bengaluru and to harass the husband the cases are filed at Davanagere.

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Learned counsel appearing for the wife does not dispute the fact that she is working in Bengaluru and it is submitted that she is working in a hybrid mode, 3 to 4 days she will be in Bengaluru and the remaining days she will be working from home from Davangere. It is also stated that whenever the case is coming up, the husband appears before the Court along

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NC: 2025:KHC:9887 CP No. 250 of 2024 C/W CP No. 340 of 2024

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with the family members and as there are no family members in Bengaluru, she has to come alone and she feels there is a threat to her. As such, the M.C .pending in Bengaluru needs to be transferred to Davanagere.

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Having heard the learned counsel on either side, peruse the material on record. When the petition is filed by the wife seeking transfer, the Court will always look at the convenience of the wife. In this particular facts and circumstances where the wife is working in Bengaluru and stating that she is working on a hybrid mode and some days she will be in Davanagere that cannot be a ground to transfer the case to Davangere. In fact when she is working here for 3 days or 4 days as stated, it would be in the interest of both the parties and balancing the interest of both the parties, both the matters have to be transferred to the Family Court at Bangalore.

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In that view of the matter, this Court is passing the following:

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NC: 2025:KHC:9887 CP No. 250 of 2024 C/W CP No. 340 of 2024

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ORDER

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The petition filed by the wife i.e., C.P. No. 250/ 2024 is dismissed and the petition filed by the husband i.e., C.P. No.340/2024 is allowed and the pending M.C.No.134/2024, on the file of the Family Court at Davanagere is withdrawn and transferred to the III Addl. Judge, Family Court, Bangalore where M.C. No. 1162/2024 filed by the husband seeking divorce is pending.

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All IAs., in these petitions shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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KA

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List No.: 1 Sl No.: 2 CT: BHK

Smt Lekhana R @ Kavya R v. Sri Jayaprakash S R @ Preetham S R

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Smt Lekhana R @ Kavya R v. Sri Jayaprakash S R @ Preetham S R

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