R D Dhaneshwari @ Geetha Vs R S Dinesh Kumar

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1 - NC: 2025:KHC:881 CP No. 339 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 339 OF 2024

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BETWEEN:

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R. D. DHANESHWARI @ GEETHA, W./O DINESH KUMAR R. S., AGED ABOUT 43 YEARS, HOUSE WIFE, MARKET ROAD, SAGAR - 577 401. [ NOW RESIDING AT, C/O CHANDRASHEKARAPPA GANGAPPA, DHARAWADADAVARAMANE, MAIN ROAD, AKKI ALUR, HANGAL TALUK, HAVERI DISTRICT- 581 104.

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…PETITIONER

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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(BY SMT VIJAYA M.N., ADVOCATE FOR SRI. R.S. ANKALKOTE ADVOCATE)

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AND:

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R. S. DINESH KUMAR S/O SHIVAPPA @ SHIVAYOGAPPA, AGED ABOUT 56 YEARS, AGRICULTURIST, R/O MARKET ROAD, SAGAR TOWN - 577401.

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…RESPONDENT

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(BY SRI. PRUTHVI WODEYAR,ADVOCATE)

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THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO PASS NECESSARY ORDER FOR

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2 - NC: 2025:KHC:881 CP No. 339 of 2024

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TRANSFERRING G AND WC 16/2023 PENDING ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND JMFC AT SAGARA TO THE SENIOR CIVIL JUDGE AND JMFC AT HANGAL FOR FURTHER HEARING.

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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 Ms.Vijaya.M.N who represents Sri.Ankalkote Rajendra Shantappa, learned counsel on record for the petitioner as well as Sri.Nataraj who represents Sri.Pruthvi Wodeyar, learned counsel on record for the respondent.

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This is a petition filed seeking the Court to transfer G & WC No.16/2023 which is pending before the Court of Additional Senior Civil Judge, Sagara to the Court of Senior Civil Judge, Hangal.

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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. Learned counsel states that the petitioner is in custody of

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NC: 2025:KHC:881 CP No. 339 of 2024

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two children born out of the lawful wedlock. The respondent filed a petition under the provisions of Guardian and Wards Act, 1890 seeking custody of the children. The petitioner is residing at Akki Alur village of Hanagal Taluk and the proceedings are pending at the Court of Additional Senior Civil Judge, Sagara. The distance between the village of the petitioner and the place where the proceedings are pending is around 100 Kms. The petitioner is unable to travel such long distance as she is under obligation to look after the children. Therefore, the proceedings may be transferred as prayed for.

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Learned counsel for the respondent on the other hand contends that the respondent would be under obligation to travel such long distance in case the case is transferred.

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Undoubtedly, the two children born out of the

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lawful wedlock are under the care and custody of the petitioner. Therefore, having considered the fact that the

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NC: 2025:KHC:881 CP No. 339 of 2024

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petitioner is under obligation to look after the children, this Court is of the view that for the sake of convenience of not only the petitioner but also the children, 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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(ii) The case in G & WC No.16/2023 that is pending before the Court of Additional Senior Civil Judge, Sagara is withdrawn and transferred to the Court of Senior Civil Judge, Hangal.

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(iii) The Court of Additional Senior Civil Judge, Sagara is directed to transmit entire records in G & WC No.16/2023 duly indexed to the Court of Senior Civil Judge, Hangal within one week from the date of receipt of copy of this order.

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(iv) Parties to the proceedings are directed to appear before the Court of Senior Civil Judge, Hangal on 27.02.2025. Issuance of

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NC: 2025:KHC:881 CP No. 339 of 2024

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further notice to the parties is not required.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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NS CT:TSM List No.: 1 Sl No.: 26

R D Dhaneshwari @ Geetha v. R S Dinesh Kumar

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R D Dhaneshwari @ Geetha v. R S Dinesh Kumar

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