Allowed¶35

Smt Arpita @ Keerti Jagadeesh Ramadurg @ Arpitha H.N. v. Sri Jagadish @ Jagadish S Ramadurga

Transfer of matrimonial case – Civil Petition under Section 24, CPC 1908

Karnataka HC11 Feb 2025CP/384/2024

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Case brief

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What is this about?

Consensual transfer of divorce petition M.C.No.267/2023 from Family Court Dharwad to Principal Family Court Bengaluru under Section 24 CPC 1908; hardship ground — wife petitioner without income residing at Bengaluru; respondent-husband working at Chikkodi raised no objection; Karnataka High Court, Bengaluru; Civil Petition No. 384 of 2024; Dr. Justice Chillakur Sumalatha; order dated 11.02.2025; NC: 2025:KHC:6029.

What did the court decide?

Transfer of M.C.No.267/2023 from the Court of Principal Judge, Family Court, Dharwad to the Court of Principal Judge, Family Court, Bengaluru; Dharwad court to transmit the entire indexed record within one week; parties to appear before the Bengaluru Family Court on 19.03.2025. ¶35

Smt Arpita @ Keerti Jagadeesh Ramadurg @ Arpitha H.N. Vs Sri Jagadish @ Jagadish S Ramadurga — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether M.C.No.267/2023 pending before the Court of Principal Judge, Family Court, Dharwad should be transferred to the Principal Family Court, Bengaluru.

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Court's answer

Considering the submissions of learned counsel for the respondent (who raised no objection) and the grounds urged, the Court held that transfer of the case as prayed for was required to be effected.

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Ratio / Principle

The petition is allowed; M.C.No.267/2023 is withdrawn from the Court of Principal Judge, Family Court, Dharwad and transferred to the Court of Principal Judge, Family Court, Bengaluru.

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Key takeaways

The Court of Principal Judge, Family Court, Dharwad was directed to transmit the entire record in M.C.No.267/2023, duly indexed, to the Court of Principal Judge, Family Court, Bengaluru within one week from receipt of copy of the order.ratio¶39
The parties were directed to appear before the Court of Principal Judge, Family Court, Bengaluru on 19.03.2025, and issuance of further notice was dispensed with.ratio¶40

Detailed headnote1 paragraphs

Transfer of matrimonial case — Civil Petition under Section 24, CPC 1908 — wife-petitioner, legally wedded wife of respondent, residing at Bengaluru with no source of income, unable to travel to Dharwad for each hearing of M.C.No.267/2023 (divorce petition) pending before Principal Judge, Family Court, Dharwad — respondent stated he had no objection to the transfer — transfer ordered: case withdrawn from Family Court, Dharwad and transferred to Principal Judge, Family Court, Bengaluru; entire record to be transmitted duly indexed within one week; parties directed to appear before Bengaluru Family Court on 19.03.2025.

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1 - NC: 2025:KHC:6029 CP No. 384 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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CIVIL PETITION NO. 384 OF 2024

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BETWEEN:

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SMT. ARPITA @ KEERTI JAGADEESH RAMADURG@ ARPITHA H.N. W/O JAGADISH S. RAMADURGA, D/O. LATE B. S. NARAYANAPPA, AGED ABOUT 28 YEARS, R/AT NO 323, 4^TH CROSS, RAJIV GANDHI NAGAR, N.T.I. LAYOUT, 1^ST PHASE KODIGEHALLI, BANAGLORE - 560 092.

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…PETITIONER

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(BY SRI. S.R. DODAWAD, ADVOCATE)

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AND:

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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SRI. JAGADISH @ JAGADISH S RAMADURGA S/O. LATE SIDDAPPA RAMADURGA, AGED ABOUT 32 YEARS, R/AT TULASI NILAYA, TULAJA BHAVANI TEMPLE, NEAR SHRI RAMA NAGAR, DHARWAD - 580 001.

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PRESENTLY WORKING AT: OCC: GOVT SERVANT ACCOUNT SUPERINTENDENT, OFFICE OF THE EXECUTIVE ENGINEER, PWD AND IWTD CHIKODI DIVISION, PWD QTRS, NEAR I. B., CHIKKODI, KARNATAKA - 581 201.

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…RESPONDENT

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(BY SRI. VIVEKANANDA D., ADVOCATE)

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NC: 2025:KHC:6029 CP No. 384 of 2024

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THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER THE M.C. NO. 267/2023 PENDING ON THE FILE OF THE PRL. JUDGE FAMILY COURT DHARWAD TO PRINCIPAL FAMILY COURT BENGALURU.

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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.S.R.Dodawad, learned counsel for the petitioner as well as Sri.Vivekananda.D, learned counsel for the respondent.

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This is a petition filed seeking the Court to transfer M.C.No.267/2023 which is pending before the Court of Principal Judge, Family Court, Dharwad to the Principal Family Court, Bengaluru.

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Learned counsel for the petitioner states that

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the petitioner is the legally wedded wife of the respondent. Due to the disputes that arouse between them, they are residing separately. While the petitioner is residing at Bengaluru, the respondent is residing at Chikkodi.

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3 - NC: 2025:KHC:6029 CP No. 384 of 2024

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However, the respondent filed M.C.No.267/2023 before the Court of Principal Judge, Family Court, Dharwad seeking decree of divorce. The petitioner who has no source of income is unable to travel from Bengaluru to Dharwad to attend the Court on each and every date of adjournment. Therefore, she moved the present petition seeking transfer of the case.

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Learned counsel for the respondent states that

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the respondent has no objection whatsoever to effect transfer as prayed for.

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Having considered the submission that is made

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by the learned counsel for the respondent and considering the grounds urged, this Court is of the view that transfer of the case 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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NC: 2025:KHC:6029 CP No. 384 of 2024

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(ii) The case in M.C.No.267/2023 which is pending before the Court of Principal Judge, Family Court, Dharwad 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, Dharwad is directed to transmit entire record in M.C.No.267/2023 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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(iv) Parties to the proceedings are directed to appear before the Court of Principal Judge, Family Court, Bengaluru on 19.03.2025.

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(v) Issuance of 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.: 45

Smt Arpita @ Keerti Jagadeesh Ramadurg @ Arpitha H.N. v. Sri Jagadish @ Jagadish S Ramadurga

Case brief

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Smt Arpita @ Keerti Jagadeesh Ramadurg @ Arpitha H.N. v. Sri Jagadish @ Jagadish S Ramadurga

Case brief

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