Smt Ranjitha K C Vs Sri Lokanathanaik R — Karnataka HC (2025) — LawSathi Research

Smt Ranjitha K C Vs Sri Lokanathanaik R — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of M.C No. 39/2022 from the Court of Senior Civil Judge, Kollegala to the Court of Senior Civil Judge, Challakere; Kollegala court to transmit the indexed record within one week; parties to appear before the Challakere court on 09.04.2025; no further notice.

Issue for consideration

Whether M.C No. 39/2022, pending before the Court of Senior Civil Judge, Kollegala, should be withdrawn and transferred to the Court of Senior Civil Judge, Challakere on the ground of the petitioner-wife's inconvenience in travelling about 380 kms.

Court's answer

From the submission made by learned counsel for the respondent himself, it is clear that the respondent is not residing at the place where the case is filed, i.e., Kollegala.

Ratio / Principle

The inconvenience projected by the petitioner amounts to sufficient cause to effect transfer; the Court considers it desirable to honour the petitioner's request.

Key takeaways

M.C No. 39/2022, pending before the Court of Senior Civil Judge, Kollegala, is withdrawn and transferred to the Court of Senior Civil Judge, Challakere.ratio¶32
The Court of Senior Civil Judge, Kollegala is directed to transmit the entire record in M.C No. 39/2022, duly indexed, to the Court of Senior Civil Judge, Challakere within one week from receipt of a copy of the order.ratio¶33
The parties to the proceedings are directed to appear before the Court of Senior Civil Judge, Challakere on 09.04.2025.

Detailed headnote1 paragraphs

Transfer of matrimonial case under Section 24, CPC 1908 — M.C No. 39/2022 filed by husband-respondent seeking dissolution of marriage pending before Senior Civil Judge and JMFC, Kollegala — wife-petitioner residing at Challakere, about 380 kms away, unable as a woman to travel such distance for every adjournment — respondent himself not residing at Kollegala (working at Penukonda, Andhra Pradesh) — petitioner's inconvenience held to amount to sufficient cause to effect transfer — petition allowed; M.C No. 39/2022 withdrawn from Kollegala and transferred to Senior Civil Judge, Challakere — Kollegala court directed to transmit entire indexed record within one week — parties directed to appear before Challakere court on 09.04.2025 — issuance of further notice not required.

1 - NC: 2025:KHC:7184 CP No. 360 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 360 OF 2024

BETWEEN:

SMT. RANJITHA K. C., W/O. SRI LOKANATHANAIK R., D/O CHANDRA NAIK, AGED ABOUT 30 YEARS, RESIDENT OF BEHIND MASJID, KEREYAGALA HALLI, THIMMAPPAIAHNAHALLI CHALLAKERE, CHITRADURGA-577 543.

…PETITIONER

(BY SRI. N.R. NAIK, ADVOCATE (VC))

AND:

SRI. LOKANATHANAIK R., S/O RAMAMURTHYNAIK, Digitally signed by AASEEFA PARVEEN AGED ABOUT 41 YEARS, Location: HIGH RESIDENT OF RASHIBOLITHANDA, COURT OF JAGERI VILLAGE, SATHEGALA POST, KARNATAKA KOLLEGALA TALUK-571 440.

…RESPONDENT

(BY SRI. SRIKANTH PATIL K., ADVOCATE)

THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO WITHDRAW THE PETITION IN M.C NO. 39/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KOLLEGALA FILED BY THE RESPONDENT AND PLACE THE SAME BEFORE HONBLE SENIOR CIVIL JUDGE AND JMFC AT CHALLAKERE AS THE RESPONDENT IS ATTENDING OTHER TWO PROCEEDINGS FILED BY THE PETITIONER AND CALL FOR RECORDS.

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NC: 2025:KHC:7184 CP No. 360 of 2024

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri.N.R.Naik who appears through video conference and represents the petitioner. Also heard Sri.Vasantha Kumar.K.N. who represents Sri.Srikanth Patil.K learned counsel on record for the respondent. Also gone through the statement of objections filed.

This is a petition filed seeking the Court to transfer MC No.39/2022 which is pending before the Court of Senior Civil Judge, Kollegala to the Court of Senior Civil Judge, Challakere.

Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Due to disputes that arose between them, they are residing separately. The respondent filed a petition i.e., MC No.39/2022 seeking a decree of dissolution of marriage and the same is pending before the Court of Senior Civil Judge, Kollegala. The petitioner resides in Challakere village which is at a distance of

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NC: 2025:KHC:7184 CP No. 360 of 2024

380 kms to Kollegala. The petitioner, being a woman, is unable to take up travel for such a long distance to reach the Court and attend on each and every date of adjournment. Therefore, she filed the present petition seeking transfer and hence, the request may be considered.

Learned counsel for the respondent on the other hand states that the respondent is presently working at Penukonda Town of Andhra Pradesh State. The respondent will find it extremely difficult to travel to Challakere in case, the subject case is transferred and thus, petition is not maintainable.

By the submission that is made by learned counsel for the respondent, it is clear that the respondent is not residing at the place where the case is filed i.e., at Kollegala Village. The inconvenience that is projected by the petitioner amounts to sufficient cause to effect transfer. Therefore, this Court considers desirable to honor the request of the petitioner. Thus, the following:

ORDER

(i) The petition is allowed.

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NC: 2025:KHC:7184 CP No. 360 of 2024

(ii) MC No.39/2022 which is pending before the court of Senior Civil Judge, Kollegala is withdrawn and is transferred to the Court of Senior civil Judge, Challakere.

(iii) The Court of Senior Civil Judge, Kollegala is directed to transmit the entire record in MC No.39/2022 duly indexed to the Court of Senior Civil Judge, Challakere within one week from the date of receipt of copy of this order.

(iv) Parties to the proceedings are directed to appear before the Court of Senior Civil Judge, Challakere on 09.04.2025.

(v) Issuance of further notice is not required.

Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

DS CT:TSM List No.: 1 Sl No.: 31