Allowed¶30

Smt. Monisha S v. Sri Raghavendra

Karnataka HC24 Mar 2025CP/452/2023

Case brief

AI extract

What is this about?

Monisha S. v. Raghavendra; CP No. 452 of 2023; High Court of Karnataka at Bengaluru; decided 24.03.2025 by Lalitha Kanneganti J.; transfer of matrimonial case M.C.No.3986/2022 under Section 24 CPC from Principal Judge, Family Court, Bengaluru to Senior Civil Judge and Principal JMFC, K.G.F.; wife's convenience; distance about 150 km; child aged about 2 years; notice returned unclaimed, service held sufficient; petition allowed; pending I.As. closed.

What did the court decide?

Transfer of M.C.No.3986/2022 from the Principal Judge, Family Court, Bengaluru to the Senior Civil Judge and Principal JMFC, K.G.F., with a direction that the wife co-operate with the trial and not seek unnecessary adjournments; all pending I.As. in the civil petition closed. ¶30

Smt. Monisha S Vs Sri Raghavendra — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:12317 CP No. 452 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 452 OF 2023

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BETWEEN:

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SMT. MONISHA S., W/O. RAGHAVENDRA, D/O. LATE SRINIVASA, AGED ABOUT 27 YEARS, R/AT.NO.1205, II CROSS, VIVEKNAGAR, ROBERTSONPET, K.G.F, KOLAR DISTIRCT-563 122.

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…PETITIONER

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(BY SRI. M.B. CHANDRACHOODA, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SRI. RAGHAVENDRA, S/O. UMAPATHI, AGED ABOUT 32 YEARS, R/AT.NO.304, SURVEY NO.2/4, S.T.HALLI, T.C.PALYA, BENGALURU - 560 049.

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…RESPONDENT (VIDE ORDER DATED 24.03.2025 SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO ORDER FOR TRANSFER OF M.C.NO.3986/2022 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU, TO THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, K.G.F. FOR DISPOSAL IN ACCORDANCE WITH LAW AND ETC.

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

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NC: 2025:KHC:12317 CP No. 452 of 2023

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present petition is filed seeking transfer of M.C.No. 3986/2022 pending on the file of the Principal Judge, Family Court at Bengaluru to the Senior Civil Judge and Principal, JMFC, K.G.F., the petitioner/wife is before this Court.

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2.The facts of the case are that the marriage of the petitioner and respondent had taken place on 06.06.2019 at K.G.F., and in the wedlock they are blessed with a daughter, who is aged about 2 years. In view of the differences between the parties, on 30.06.2022 the husband had filed M.C.No.3986/2022 on the file of the Principal Judge, Family Court at Bengaluru. It is stated that the wife is residing with the parents at KGF, Kolar and the distance between Bengaluru and KGF is about 150 kilometers. It is difficult for the wife to travel all the way from KGF to Bengaluru.

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3.As per the Postal shara, the notice sent to the respondent has returned as unclaimed and this Court had held that the notice to respondent is sufficient.

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NC: 2025:KHC:12317 CP No. 452 of 2023

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Having heard the learned counsels for the petitioner, perused the material on record. Considering the facts that the wife is staying at K.G.F. with her parents, the distance between the Bengaluru and K.G.F is about 150 kilometers and she has to take care of the child, who is aged about 2 years. Hence, this Court deems it appropriate to pass the following:

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ORDER

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