Allowed¶61

Nimitha Y P v. Bharathi

Karnataka HC25 Mar 2025CP/453/2024

Case brief

AI extract

What is this about?

Transfer petition S.24 CPC Karnataka High Court; G & W.C.No.12/2023 custody of minor grandson moved from Senior Civil Judge Pandavapura to Principal Judge Family Court Bengaluru; mother Nimitha Y P petitioner; grandparents Bharathi and Kalegowda respondents; child Saketh R.Gowda aged about four years; paramount welfare of child; visitation rights unaffected; records transmission within one week; appearance 28.04.2025.

What did the court decide?

Petition allowed; G & W.C.No.12/2023 pending before the Court of Senior Civil Judge, Pandavapura withdrawn and transferred to the Court of Principal Judge, Family Court, Bengaluru; trial court directed to transmit the entire indexed record within one week; parties directed to appear (in person or through counsel) before the Family Court, Bengaluru on 28.04.2025; further notice not required.

Nimitha Y P Vs Bharathi — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the guardianship and custody case G & W.C.No.12/2023, pending before the Court of the Senior Civil Judge, Pandavapura, should be transferred to a court at Bengaluru, where the petitioner (mother of the minor child) resides.

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Court's answer

Since the minor child is staying with his mother (the petitioner) at Bengaluru, the transfer of the case as prayed for is required to be effected for the paramount welfare of the child, so as to accommodate the petitioner to properly attend to the child and spend time with him.

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Ratio / Principle

Withdrawal and transfer of G & W.C.No.12/2023 to Bengaluru will in no way affect the visitation rights already granted in favour of the respondents (the weekly weekend handover of the child until disposal of the main petition).

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Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Dr. Justice Chillakur Sumalatha, sole judge), Civil Petition No. 453 of 2024, oral order dated 25 March 2025 filed under S. 24 CPC: Nimitha Y P, widowed daughter-in-law of respondents Bharathi and Kalegowda and mother of minor Saketh R.Gowda, sought transfer of the grandparents' custody case G & W.C.No.12/2023 from the Senior Civil Judge, Pandavapura to Bengaluru, pleading that she and the about-four-year-old child reside there and the child attends school there (counsel cited an approximate 140 km distance). Noting the undisputed facts and the interim weekend-visitation direction already operating, the Court held that as the child is staying with his mother at Bengaluru, effecting the transfer serves the paramount welfare of the child, and that the transfer would in no way affect the respondents' visitation rights. Petition allowed; case transferred to the Principal Judge, Family Court, Bengaluru; transmission of the indexed record ordered within one week; parties to appear before the Family Court, Bengaluru on 28.04.2025.

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NC: 2025:KHC:12602 CP No. 453 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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CIVIL PETITION NO. 453 OF 2024

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BETWEEN:

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NIMITHA Y P W/O LATE RAMESH K, D/O LATE PARAMESHA, AGED ABOUT 30 YEARS, RESIDENT OF YELEKERE VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT – 571 434 (THE ABOVE ADDRESS IS STATED BY THE RESPONDENTS BEFORE THE TRIAL COURT AND THE SAME IS STATED HEREIN ABOVE)

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Digitally signed by LUCYGRACE Location: High Court Of Karnataka

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THE PETITIONER IS RESIDING AT NO.107, SKC WHITE MEADOWS LAYOUT, K.S TOWN SUNCITY, KENGERI SATELLITE TOWN, BENGALURU - 560 060.

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…PETITIONER

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(BY SRI. B. M. MOHAN KUMAR., ADVOCATE) AND:

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BHARATHI AGED ABOUT 50 YEARS, W/O KALEGWDA,

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KALEGOWDA S/O DEVAMMA, AGED ABOUT 53 YEARS,

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NC: 2025:KHC:12602 CP No. 453 of 2024

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BOTH THE RESPONDENTS ARE RESIDING AT KALLUKOMBARI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432.

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…RESPONDENTS

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(BY SRI. HAREESH KUMAR N.T, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER THE G AND WC NO.12/2023 PENDING ON THE FILE OF THE HON’BLE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA TO THE COURT AT BENGALURU HAVING JURISDICTION TO TRY THE MATTER.

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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 B.M.Mohan Kumar learned counsel for the

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petitioner as well as Sri Hareesh Kumar N.T, learned counsel for respondent Nos.1 and 2.

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Both the learned counsel appears through video conference and make their submission.

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This is a petition filed seeking the Court to

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transfer G & W.C.No.12/2023 which is pending before the

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NC: 2025:KHC:12602 CP No. 453 of 2024

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Court of Senior Civil Judge, Pandavapura to the Court at

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Bengaluru having jurisdiction to deal with the matter.

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The undisputed facts of the case are as under :

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i) The petitioner is the daughter-in-law of respondent Nos.1 and 2;

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ii) The husband of the petitioner i.e., son of the respondents is no more;

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iii) The petitioner gave birth to a male child out of lawful wedlock and the said child by name Saketh R.Gowda, is under the custody of the petitioner;

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iv) The respondents filed a case i.e., G & W.C. No.12/2023 which is pending before the Court of the Senior Civil Judge, Pandavapura for the custody of the child.

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Learned counsel for the petitioner submits that

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the petitioner is residing at Bengaluru along with the child. The child is aged around four years at present and the child is admitted at a school at Bengaluru. The distance

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between the place where the case is pending i.e., Pandavapura and Bengaluru is around 140 kilometers. The

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NC: 2025:KHC:12602 CP No. 453 of 2024

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petitioner is unable to travel such long distance and attend the Court on each and every date of adjournment. The petitioner is under obligation to look after the welfare of the child. Therefore, the petitioner filed a petition seeking transfer of the case and therefore transfer as prayed for may be effected.

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Vehemently opposing the submission thus made, learned counsel for the respondents submits that petitioner never allowed the child to visit her grand-

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parents. The Court passed an interim order granting visitation rights and immediately after passing of the said order, the petitioner filed the present petition seeking transfer of the case. Learned counsel states that only to deny the respondents association with the child, the petitioner has filed the present case and therefore the same is liable to be dismissed.

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In reply to the said submission, learned counsel

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for the petitioner contends that sufficient proof is produced

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NC: 2025:KHC:12602 CP No. 453 of 2024

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to show that the child is studying at Bengaluru and the documents filed may be considered.

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8. The respondents filed a petition seeking custody

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of their grand-son who is none other than the son of the petitioner herein.

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Material available on record reveals that the Court directed the petitioner herein to leave the child at the respondents’ house on every week end till the disposal of the main petition. Transfer of the case as prayed for no

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way affect the visitation rights granted in favour of respondents. As it is clearly brought on record that the child is staying with his mother at Bengaluru, this Court is of the view that for the paramount welfare of the child i.e., to accommodate the petitioner to properly attend the child

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and spend time with the child, transfer as prayed for is required to be effected. Thus, the following :

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ORDER

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i) The petition is allowed.

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NC: 2025:KHC:12602 CP No. 453 of 2024

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ii) G & W.C.No.12/2023 which is pending before the Court of Senior Civil Judge, Pandavapura is withdrawn and is transferred to the Court of Principal Judge, Family Court, Bengaluru.

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iii) The Court of Senior Civil Judge, Pandavapura is directed to transmit the entire record in G & W.C.No.12/2023 duly indexed to the Court of the 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 make their appearance either in person or through their appointed counsel at the Court of the Principal Judge, Family Court, Bengaluru on 28.04.2025.

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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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LIST NO.: 19 SL NO.: 1 CT : NI

Nimitha Y P v. Bharathi

Case brief

What is this about?

What did the court decide?

Nimitha Y P v. Bharathi

Case brief

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What the court decided

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