Mrs Spurthi Byrappa Vs Mr Raghavendra Hunsur

MRS. SPURTHI BYRAPPA, W/O RAGHAVENDRA HUNSUR, AGED ABOUT 33 YEARS, OCC: HOUSEHOLD WORK R/A FLAT NO.102, TOWER 9 SANKALP TEMPLE TREES APARTMENT, 2ND PHASE, OUTER RING ROAD, VIJAYANAGAR, 4TH STAGE, MYSURU - 570 032. …PETITIONER

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Digitally signed by AASEEFA PARVEEN

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Location: HIGH COURT OF KARNATAKA

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(BY SRI. P.B. UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE)

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AND:

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MR. RAGHAVENDRA HUNSUR, S/O LATE RAJASHEKHAR H.K, AGED ABOUT 36 YEARS, OCC: BUSINESS, R/O APT. NO.1504, 15TH FLOOR, TOWER 3, TATA PROMONT, HOSKEREHALLI, KATRIGUPPE, BENGALURU - 560 085.

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…RESPONDENT

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(BY SRI. SUSHANTH V.A, ADVOCATE)

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2 - NC: 2025:KHC:6727 CP No. 363 of 2024 C/W CP No. 365 of 2024

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THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW AND TRANSFER M.C. NO. 189/2022 PENDING ON THE FILE OF II ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE COURT OF PRINCIPAL FAMILY COURT /FAMILY JUDGE, MYSURU HAVING JURISDICTION TO TRY THIS CASE, IN THE INTEREST OF JUSTICE.

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IN CP NO. 365/2024

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BETWEEN:

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MRS. SPURTHI BYRAPPA, W/O RAGHAVENDRA HUNSUR, AGED ABOUT 31 YEARS, OCC: HOUSEHOLD WORK, R/O FLAT NO. 102, TOWER 9 SANKALPA TEMPLE TREES APARTMENT, 2ND PHASE, OUTER RING ROAD, VIJAYANAGAR, 4TH STAGE, MYSURU - 570 032.

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...PETITIONER

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(BY SRI. P.B. UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE)

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AND:

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MR. RAGHAVENDRA HUNSUR S/O LATE RAJASHEKAR H K, AGED ABOUT 36 YEARS, OCC: BUSINESS, R.P APT NO. 1504, 15TH FLOOR, TOWER 3 TATA PROMONT, HOSKEREHALLI, KATRIGUPPE, BENGALURU - 560 085.

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...RESPONDENT

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(BY SRI. SUSHANTH V.A, ADVOCATE)

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3 - NC: 2025:KHC:6727 CP No. 363 of 2024 C/W CP No. 365 of 2024

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THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW AND TRANSFER G AND W.C. NO. 155/2024 PENDING ON THE FILE OF II ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, BENGALURU, BENGALURU SOUTH, BENGALURU TO THE COURT OF PRINCIPAL FAMILY COURT /FAMILY JUDGE, MYSURU HAVING JURISDICTION TO TRY THIS CASE, IN THE INTEREST OF JUSTICE.

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THESE PETITIONS, 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. Umesh P.B, learned counsel who represents Sri. R.B.Deshpande, learned counsel on record for the petitioner in both the petitions. Also heard

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Sri. Sushanth V.A, learned counsel who represents the respondent in both the petitions.

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Learned counsel Sri. Sushanth V.A, submits that he would be filing his vakalath for respondent in C.P No.365/2024 within a week. Granting time as prayed for, both the matters are taken up for disposal.

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4 - NC: 2025:KHC:6727 CP No. 363 of 2024 C/W CP No. 365 of 2024

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While C.P No.363/2024 is filed seeking the Court to transfer M.C No.189/2022 which is pending before the

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Court of II Additional Principal Judge, Family Court, Bangalore to the Court of Principal Judge, Family Court, Mysuru, C.P No.365/2024 is filed seeking the Court to transfer G and WC No.155/2024 which is pending before the Court of II Additional Principal Judge, Family Court, Bangalore to the Court of Principal Judge, Family Court, Mysuru.

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Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Out of the lawful wedlock they gave birth to a female child who is aged about six years at present. The child is physically challenged and is suffering from Autism Spectrum Disorder. The petitioner is looking after the welfare of the child and the child is being taken to hospital regularly for language assessment and therapy. The petitioner has no financial assistance and further being obligated to look after the child, she is unable to travel

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5 - NC: 2025:KHC:6727 CP No. 363 of 2024 C/W CP No. 365 of 2024

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from Mysuru where she resides, to Bangalore to attend the Court on each and every date of adjournment in both the cases. Therefore, she moved these petitions seeking transfer of those cases.

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Per contra, the submission that is made by learned counsel for the respondent is that the respondent is paying a sum of Rs.40,000/- per month for the treatment of the child. The child is being looked after by the respondent as well. Also the respondent moved a proposal for settlement and though the mediation centre sat for eight rounds for settlement, the petitioner did not co-operate for settlement. Learned counsel further submits that there are ample chances of settlement between the parties.

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In reply to the said submission, learned counsel for the petitioner contends that the petitioner filed a petition seeking maintenance invoking Section 125 of Cr.P.C and she also filed a petition for restitution of conjugal rights and both the said cases are pending before the Family Court, Mysuru and thus if the cases pending

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6 - NC: 2025:KHC:6727 CP No. 363 of 2024 C/W CP No. 365 of 2024

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before the Bangalore are transferred to Mysuru, all the cases would be dealt with together and in case there is settlement, they may be disposed of.

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Undisputedly, the child in question is under the

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custody of the petitioner. It is not in dispute that the child is getting treatment and the treatment is being provided under the supervision of petitioner herein. Therefore, having considered the inconvenience of the petitioner to attend Court looking after the child, this Court considers desirable to allow these petitions effecting transfer as prayed for.

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Thus, the following:-

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ORDER

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i. Both the petitions are allowed.

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ii. M.C No.189/2022 and G and WC 155/2024 which are pending before the Court of II Additional Principal Judge, Family Court, Bangalore are withdrawn and are transferred to

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7 - NC: 2025:KHC:6727 CP No. 363 of 2024 C/W CP No. 365 of 2024

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the Court of Principal Judge, Family Court, Mysuru.

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iii. The Court of II Additional Principal Judge, Family Court, Bangalore is directed to transfer entire records in M.C No.189/2022 and G and WC 155/2024 to the Court of Principal Judge, Family Court, Mysuru within a period of one week from the date of receipt of copy of this order.

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iv. Parties to the proceedings are directed to make their appearance in both the matters before the Court of Principal Judge, Family Court, Mysuru on 25.03.2025.

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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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VS List No.: 1 Sl No.: 31 CT: BHK

Mrs Spurthi Byrappa v. Mr Raghavendra Hunsur

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Mrs Spurthi Byrappa v. Mr Raghavendra Hunsur

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