Smt. G S Rekha Vs Smt. Manjunatha Mudhe Gowdru — Karnataka HC (2025) — LawSathi Research

Smt. G S Rekha Vs Smt. Manjunatha Mudhe Gowdru — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of M.C.No.199/2019 from the Family Court, Davanagere to the Court of VI Additional Judge, Family Court, Bengaluru, where the petitioner's divorce petition M.C.No.1160/2019 is pending, with directions to transmit the indexed record within one week.

Issue for consideration

Whether M.C.No.199/2019 pending before the Family Court, Davanagere should be transferred to the Court of VI Additional Judge, Family Court, Bengaluru, to be dealt with along with M.C.No.1160/2019 pending there.

Court's answer

The grounds urged for transfer remained un-opposed and were found convincing; as both parties would be benefited if the petition for restitution of conjugal rights and the petition for decree of divorce are tried by the same Court, the Court considered it desirable to accept the petitioner's request.

Ratio / Principle

M.C.No.199/2019 pending before the Family Court, Davanagere is withdrawn and transferred to the Court of VI Additional Judge, Family Court, Bengaluru.

Key takeaways

The Family Court, Davanagere is directed to transmit the entire record in M.C.No.199/2019, duly indexed, to the Court of VI Additional Judge, Family Court, Bengaluru within one week from the date of receipt of a copy of this order.ratio¶34

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding - S.24 CPC: The wife-petitioner sought transfer of the husband's petition for restitution of conjugal rights (M.C.No.199/2019, Family Court, Davanagere) to the Court of VI Additional Judge, Family Court, Bengaluru, where her own petition for divorce (M.C.No.1160/2019) is pending. Both spouses presently reside at Bengaluru; the petitioner looks after their child born out of lawful wedlock, aged about five years, and is unable to travel to Davanagere for each adjournment. The grounds remained un-opposed and were found convincing; the Court held that both parties would be benefited if the restitution petition and the divorce petition are tried by the same Court. Petition allowed: M.C.No.199/2019 withdrawn from Davanagere and transferred to Bengaluru, with direction to the Family Court, Davanagere to transmit the entire record, duly indexed, within one week.

1 - NC: 2025:KHC:5941 CP No. 361 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO.361 OF 2019

BETWEEN:

SMT. G.S. REKHA, W/O MANJUNATHA MUDHE GOWDRU. D/O SHEKARAPPA, AGED ABOUT 29 YEARS, RESIDING AT FLAT NO.T6, GURUPRIYA VINYAS APT., HANUMANAGIRI NAGAR, 5TH CROSS, CHIKKALSANDRA, BANGALORE-560 061.

…PETITIONER

(BY SRI.KESHAVA KUMAR B., ADVOCATE)

AND:

SRI. MANJUNATHA MUDHE GOWDRU S/O. GAGADHARAPPA, MUDHEGOWDRU, AGED ABOUT 32 YEARS,

WORKING AT: Digitally signed by AASEEFA PARVEEN PROCESS ASSOCIATE, Location: HIGH VOLVO INDIA PVT. LTD. COURT OF PARIN BUILDING, 6^TH FLOOR, KARNATAKA BAGMANE TECH PARK, CV RAMAN NAGAR, BANGALORE-560 093. ORIGINALLY RESIDENT OF: HANUGAVADI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT- 577 601.

…RESPONDENT

(NOTICE TO RESPONDENT IS HELD SUFFICIENT V/O DATED 11.02.2025)

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NC: 2025:KHC:5941 CP No. 361 of 2019

THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO TRANSFER THE CASE PENDING DISPOSAL ON THE FILE OF MC NO. 199/2019 BEFORE JUDGE, FAMILY COURT AT DAVANGERE TO VI ADDITIONAL FAMILY JUDGE AT BANGALORE BY CLUBBING WITH M.C. NO. 1160/2019 PENDING BEFORE THE HON'BLE VI ADDITIONAL FAMILY JUDGE, AT BANGALORE.

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Ms.Rahmathunnisa, who represents Sri.Keshava

Kumar B., learned counsel on record for the petitioner. None represents the respondent.

This is a petition filed under Section 24 of the Code of Civil Procedure seeking the Court to transfer M.C.No.199/2019 which is pending before the Family Court, Davanagere to the Court of VI Additional Judge, Family Court, Bengaluru.

Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. The petitioner as well as the respondent are presently residing at Bengaluru. However, to harass the petitioner the respondent filed a petition for restitution of conjugal rights vide

3 -

NC: 2025:KHC:5941 CP No. 361 of 2019

M.C.No.199/2019 at Family Court, Davanagere. The petitioner filed a petition seeking decree of divorce vide M.C.No.1160/2019 and the same is pending before the Court of VI Additional Judge, Family Court, Bengaluru. Further more, the petitioner is looking after the child born out of lawful wedlock and the said child is aged about five years as of now. The petitioner is unable to travel from Bengaluru to Davanagere to attend the Court on each and every date of adjournment. Therefore, she moved the present petition seeking transfer of the case.

The grounds urged remains un-opposed. Also the said grounds are convincing. That apart, this Court is of the view that in case the petition filed for restitution of conjugal rights and the petition filed for a decree of divorce are tried by the same Court, both the parties will be benefited. Therefore, this Court considers desirable to accept the request of the petitioner. Thus, the following

ORDER

(i) The petition is allowed.

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NC: 2025:KHC:5941 CP No. 361 of 2019

(ii) M.C.No.199/2019 which is pending before the Family Court, Davanagere, is withdrawn and is transferred to the Court of VI Additional Judge, Family Court, Bengaluru.

(iii) The Family Court, Davanagere, is directed to transmit the entire record in M.C.No.199/2019 duly indexed to the Court

of VI Additional Judge, Family Court, Bengaluru, within one week from the date of receipt of copy of this order.

Sd/(DR.CHILLAKUR SUMALATHA)

JUDGE

AP CT:TSM List No.: 1 Sl No.: 1