Smt. Vaishnavi D Vs Sri. H R Shivaprasad — Karnataka HC (2025) — LawSathi Research

Smt. Vaishnavi D Vs Sri. H R Shivaprasad — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of M.C.No.83/2023 from the Court of Senior Civil Judge, Tiptur to the Court of Principal Judge, Family Court, Bengaluru; transmission of the entire record duly indexed within one week; parties to appear before the transferee court on 02.04.2025; issuance of further notice dispensed with.

Issue for consideration

Whether M.C. No.83/2023 pending before the Senior Civil Judge, Tiptur ought to be transferred to the Principal Judge, Family Court, Bengaluru, on the petitioner-wife's grounds of ill-health, distance of around 160 kms between Tiptur and Bengaluru, and lack of financial capacity to travel.

Court's answer

The petitioner-wife's grounds for transfer (ongoing treatment for ailments, around 160 kms distance, inability to travel on each adjournment date and lack of financial capacity) were held justifiable; the respondent produced no material to substantiate the alleged ill-health of his mother.

Ratio / Principle

The transfer petition was allowed: M.C.No.83/2023 was withdrawn from the Court of Senior Civil Judge, Tiptur and transferred to the Court of Principal Judge, Family Court, Bengaluru, with the transferor court directed to transmit the entire record duly indexed within one week and the parties directed to appear before the transferee court on 02.04.2025; further notice was dispensed with.

Detailed headnote1 paragraphs

Transfer of case — S.24 CPC — wife-petitioner states that the child born of the wedlock died in 2020 and that she has since suffered different ailments and is under treatment; distance between Tiptur and Bengaluru is around 160 kms; petitioner unable to travel to attend court on every adjournment and has no financial capacity to travel; medical record of the petitioner on file, whereas no material on record to show the alleged ailments of the respondent's mother — grounds held justifiable; M.C.No.83/2023 withdrawn from the Senior Civil Judge, Tiptur and transferred to the Principal Judge, Family Court, Bengaluru; entire record to be transmitted duly indexed within one week; parties to appear on 02.04.2025; further notice not required.

1 - NC: 2025:KHC:6316 CP No. 442 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 442 OF 2024

BETWEEN:

SMT. VAISHNAVI D., W/O SRI SHIVAPRASAD H. R., AGED ABOUT 25 YEARS, R/AT NO. 50, 2^ND 'A' MAIN ROAD, 7^TH CROSS, CHIKKADINNE, ATTUR LAYOUT, YELAHANKA, BANGALORE - 560 064.

…PETITIONER

(BY SRI. S.K. KALLEGOWDA, ADVOCATE) AND:

Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

SRI. H. R. SHIVAPRASAD S/O. H. L. RUKMANGANDHA (RUKKANNA) AGED ABOUT 32 YEARS, R/AT HALEPALYA VILLAGE AND POST SIDDASHRAMA ROAD, TIPTUR TOWN, TUMKUR DISTRICT - 572 201. …RESPONDENT

(BY SRI. MADHU C. S., ADVOCATE)

THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER THE M.C. NO.83/2023 PENDING ON THE FILE OF THE HONBLE SENIOR CIVIL JUDGE AND JMFC AT, TIPTUR TUMKUR DISTRICT TO IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT AT, BANGALORE.

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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NC: 2025:KHC:6316 CP No. 442 of 2024

ORAL ORDER

Heard Sir.Kallegowda.S.K. learned counsel for the

petitioner who appears physically before this Court. Also heard Sri.Madhu.C.S learned counsel for the respondent who appears through video conference.

This is a petition filed seeking the Court to transfer MC No.83/2023 which is pending before the Court of Senior Civil Judge, Tiptur to the Court of the Principal Judge, Family Court, Bengaluru.

Learned counsel for the petitioner states that the petitioner is the legally wedded wife of the respondent. Out of lawful wedlock, they gave birth to a child but the said child died in the year 2020. Since then, the petitioner is suffering from different ailments and is taking treatment. The distance between Tiptur and Bengaluru is around 160 kms. In the light of her ill-health, the petitioner is unable to take up travel to attend Court on each and every date of adjournment. Also the petitioner has got no financial capacity to travel. Therefore, she moved the present petition for transfer of the case.

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NC: 2025:KHC:6316 CP No. 442 of 2024

Learned counsel for the respondent on the other hand, states that the respondent is under obligation to look after his aged parents. The mother of the respondent is suffering from ill-health. There are none to look after them and therefore, the present petition is required to be dismissed.

Medical record projecting the health condition of the petitioner is on record. However, there is no material on record to show the alleged ailments and ill-health of the mother of the respondent. The grounds urged and projected by the petitioner to effect transfer of the case are justifiable. Therefore, this Court is of the view that the request of the petitioner can be considered. Thus, the following:

ORDER

(i) The petition is allowed.

(ii) M.C.No.83/2023 which is pending before the Court of Senior Civil Judge, Tiptur is withdrawn and is transferred to the Court of Principal Judge, Family Court, Bengaluru.

(iii) The Court of Senior Civil Judge, Tiptur is directed to transmit the entire record in MC No.83/2023 duly

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NC: 2025:KHC:6316 CP No. 442 of 2024

indexed to the Court of Principal Judge, Family Court, Bengaluru within one week from the date of receipt of copy of this order.

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

(v) Issuance of further notice is not required.

Sd/(DR.CHILLAKUR SUMALATHA)

JUDGE

DS CT:TSM List No.: 1 Sl No.: 44