Dr.Soujanya @ Dr. Soujanya Walke Vs Dr. Rakesh R. @ Dr. Rakesh Rayala

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1 - NC: 2025:KHC:6671 CP No. 34 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 34 OF 2025

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BETWEEN:

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DR.SOUJANYA @ DR. SOUJANYA WALKE, W/O. DR. RAKESH RAYALA, AGED ABOUT 39 YEARS, R/AT NO.230, MARUTHI SAMVARDHINI NILAYA, 1^ST FLOOR, 2^ND CROSS 3^RD MAIN, CAMBRIDGE LAYOUT, HALASURU, BANGALORE-560 008.

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…PETITIONER

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(BY SRI. UDAYA PRAKASH M., ADVOCATE)

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AND:

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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DR. RAKESH R. @ DR. RAKESH RAYALA, S/O DR RAJASHEKAR RAYALA, AGED ABOUT 40 YEARS, R/AT NO.10, 4^TH FLOOR, NEXT TO GANESH TEMPLE, C. M. C. LAYOUT, CHIKKABALALPUR-562 101.

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…RESPONDENT

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(BY SRI. N.S. JAYASIMHA, ADVOCATE FOR SRI. N. NAGARAJA, ADVOCATE)

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THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO PASS AN ORDER TRANSFERRING THE CASE, NOW PENDING IN MC NO.34/2023 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKABALLAPUR TO FILE THE FAMILY COURT AT BENGALURU, FOR DISPOSAL IN ACCORDANCE WITH LAW.

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NC: 2025:KHC:6671 CP No. 34 of 2025

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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 Sri.Udaya Prakash.M learned counsel for the petitioner as well as Sri.Jayasimha.N.S who represents Sri.Nagaraja.N learned counsel on record for the respondent. Also gone through the contents of statement of objections filed by the respondent.

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This petition is filed seeking the Court to transfer MC No.34/2023 which is pending before the Court of Principal Judge, Family Court, Chikkaballapura to the Family Court, Bengaluru.

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Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Out of lawful wedlock, a child was born and the said child is aged about 5 years at present. The child is physically challenged and the petitioner is providing treatment to the child. The respondent filed a petition seeking decree of dissolution of

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NC: 2025:KHC:6671 CP No. 34 of 2025

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marriage i.e., MC No.34/2023 and the same is pending before the Court of Principal Judge, Family Court, Chikkaballapura.

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The petitioner has to attend her job, look after the child, take the child for treatment and is also under obligation to attend the Court on each and every date of adjournment. The petitioner is finding it extremely difficult to attend the Court, which is located at Chikkaballapura and therefore, she filed the petition seeking the Court to transfer the case to Bengaluru.

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The submission that is made by learned counsel for

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the respondent is that the child is attending the school. The petitioner is a working woman and she is traveling 170 kms every day to attend her duties. Such being the situation, she cannot claim that she is unable to attend the Court at Chikkaballapura.

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In the statement of objections, there is clear mention that the child is not physically challenged but mentally disabled due to mild autism spectrum disorder. There is no denial of the fact that the petitioner is taking care of the child and is providing treatment. By the submission that is made by

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NC: 2025:KHC:6671 CP No. 34 of 2025

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learned counsel for the respondent himself, it is clear that the petitioner is under obligation to travel 170 kms to attend her duties every day. Therefore, the petitioner cannot be expected to travel again from Bengaluru to Chikkaballapura to attend the Court on each and every date of adjournment. Therefore, having found justification in the relief sought for, this Court considers desirable to allow the petition.

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Resultanly, the following:

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ORDER

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(i) The petition is allowed.

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(ii) MC No.34/2023 which is pending before the Court of Principal Judge, Family Court, Chikkaballapura is withdrawn and is transferred to the Court of Principal Judge, Family Court, Bengaluru.

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(iii) The Court of Principal Judge, Family Court, Chikkaballapura is directed to transmit the entire record in MC No.34/2023 duly indexed to the Court of Principal Judge, Family Court, Bengaluru within one week from the date of receipt of copy of this order.

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5 - NC: 2025:KHC:6671 CP No. 34 of 2025

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(iv) Parties to the proceedings are directed to make their appearance before the Court of Principal Judge, Family Court, Bengaluru on 02.04.2025.

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(v) Issuance of further notice is not required.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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DS CT:TSM List No.: 1 Sl No.: 37

Dr.Soujanya @ Dr. Soujanya Walke v. Dr. Rakesh R. @ Dr. Rakesh Rayala

Case brief

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Dr.Soujanya @ Dr. Soujanya Walke v. Dr. Rakesh R. @ Dr. Rakesh Rayala

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