Dismissed¶35

Sri Deepu @ Somadatta K v. Smt Bhoomika (Shruthi)

Karnataka HC16 Jan 2025CP/319/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CP No. 319 of 2024; Dr. Justice Chillakur Sumalatha; order dated 16-01-2025; Section 24 CPC transfer petition; transfer of M.C. No.120/2023 (restitution of conjugal rights) from Family Court Chikkamagaluru to Principal Family Court Hassan; assault on petitioner and advocate on 10.07.2024; police complaint; threat to litigant; convenience of tender-aged child in mother's custody; no material of maintenance by petitioner; transfer petition dismissed.

What did the court decide?

If there is any threat to the petitioner's life, the petitioner can seek protection through lawful means by invoking the relevant provisions of law and the procedures established thereunder; the alleged threat does not by itself warrant transfer of the case. ¶33

Sri Deepu @ Somadatta K Vs Smt Bhoomika (Shruthi) — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:1628 CP No. 319 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 319 OF 2024

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BETWEEN:

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SRI. DEEPU @ SOMADATTA K., S/O. KRISHNAMURTHY, AGED ABOUT 36 YEARS, R/O. NO. 220/A, KANNADA SAHITHA BHAVANNA, VIJAYANAGARA, 2^ND STAGE, MYSURU-570 017.

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…PETITIONER

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(BY SRI. SUKANYA H.D., ADVOCATE)

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AND:

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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SMT. BHOOMIKA (SHRUTHI) W/O. SOMADATTA K., D/O. UMESH, AGED ABOUT 30 YEARS, R/AT MARAGONDANAHALLI VILLAGE, HANDHI POST, INDHRANAGAR, CHIKKAMANGALURU TALUK AND DISTRICT-577 101.

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…RESPONDENT

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(BY SRI. RAVIKUMAR N.R., ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO I. TRANSFER THE M.C. 120/2023 FILED BY THE RESPONDENT HEREIN PENDING BEFORE THE PRL.JUDGE,

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NC: 2025:KHC:1628 CP No. 319 of 2024

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FAMILY COURT CHIKKAMANGALURU TOWN TO PRL.FAMILY COURT HASSAN TOWN, IN THE INTEREST OF JUSTICE AND EQUITY.

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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 DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL ORDER

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Heard Smt. Sukanya H.D, learned counsel for the petitioner as well as Sri.C.R.Rajagopal, who represents Sri.Ravikumar N.R, learned counsel on record for the respondent.

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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.120/2023 which is pending before the Court of Principal Judge, Family Court, Chikkamagaluru to the Principal Family Court, Hassan.

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Learned counsel for the petitioner submits that the petitioner is the husband and the respondent is his wife. Their matrimonial relationship resulted in birth of a female

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NC: 2025:KHC:1628 CP No. 319 of 2024

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child. Thereafter, disputes arose between them and therefore they are residing separately. The respondent filed a petition seeking Restitution of conjugal rights vide M.C. No.120/2023 and the same is pending before the Court of Principal Judge, Family Court, Chikkamagalur. When the petitioner went to Chikkamagaluru along with his advocate on 10.07.2024 to attend the Court, they were assaulted by the parents and brothers of the respondent and a complaint was lodged before police by the petitioner. Thus, there is threat to the petitioner in the hands of respondent and her family members and therefore transfer as prayed for is required to be effected.

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Per-contra the submission that is made by learned

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counsel for the respondent is that the respondent is residing at Chikkamagalur along with the female child who is aged about three years at present. The respondent cannot travel along with the child to attend the Court if the case is transferred. That apart, the petitioner filed a false

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NC: 2025:KHC:1628 CP No. 319 of 2024

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criminal case only to harass the respondent and thus the present petition is not maintainable.

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It is not in dispute that the child born out of lawful wedlock is being nurtured by the respondent herein. Incase there is any threat to the life of the petitioner, the petitioner can seek protection through lawful means by invoking the relevant provisions of law and the procedures established thereunder. By effecting transfer, this Court cannot cause inconvenience to the tender aged child who

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is under the custody of the respondent. No material whatsoever is brought on record to show that the petitioner took care atleast to maintain the child. Therefore, this Court is of the view that the relief sought for cannot be granted.

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Resultantly, the petition stands dismissed.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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VS List No.: 1 Sl No.: 55

Sri Deepu @ Somadatta K v. Smt Bhoomika (Shruthi)

Case brief

What is this about?

What did the court decide?

Sri Deepu @ Somadatta K v. Smt Bhoomika (Shruthi)

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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