Smt Chaithra Vs Shri Krishnamurthy — Karnataka HC (2025) — LawSathi Research

Smt Chaithra Vs Shri Krishnamurthy — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of M.C. No.39/2023 from the Court of Principal Judge, Family Court, Hassan to the Court of Principal Judge, Family Court, Mysuru; Family Court, Hassan directed to transmit the entire record in the case, duly indexed, to Family Court, Mysuru within one week of receipt of a copy of the order.

Issue for consideration

Whether M.C. No.39/2023, the respondent's petition for dissolution of marriage pending before the Court of Principal Judge, Family Court, Hassan, should be transferred to the Court of Principal Judge, Family Court, Mysuru.

Court's answer

Having considered the petitioner's unopposed grounds (she must care for her tender-aged children, resides with them at her brother's house in Mysuru, and has no financial sources), the Court held that the transfer as prayed for is required to be effected.

Ratio / Principle

M.C No.39/2023 pending before the Court of Principal Judge, Family Court, Hassan is withdrawn and transferred to the Court of Principal Judge, Family Court, Mysuru.

Key takeaways

The Court of Principal Judge, Family Court, Hassan is directed to transmit the entire record in M.C No.39/2023, duly indexed, to the Court of Principal Judge, Family Court, Mysuru within one week from the date of receipt of a copy of the order.ratio¶35

Detailed headnote1 paragraphs

Wife's transfer petition under Section 24(1)(b)(ii) CPC allowed. Smt. Chaithra (30), wife of Shri Krishnamurthy, sought transfer of the husband-respondent's dissolution-of-marriage petition, M.C. No.39/2023, from the Court of Principal Judge, Family Court, Hassan to the Court of Principal Judge, Family Court, Mysuru. Both children of the marriage (elder about six years, younger about four years) are in the petitioner's custody; she and the children reside at her brother's house in Mysuru; she has no financial sources and is unable to travel from Mysuru to Hassan on each and every date of adjournment. The respondent was served but did not represent, and the grounds urged remained unopposed. Holding that the transfer 'as prayed for is required to be effected', the Court allowed the petition, withdrew M.C No.39/2023 from Family Court, Hassan, transferred it to Family Court, Mysuru, and directed Family Court, Hassan to transmit the entire record duly indexed to Family Court, Mysuru within one week from receipt of a copy of the order.

1 - NC: 2025:KHC:7051 CP No. 455 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 455 OF 2023

BETWEEN:

SMT. CHAITHRA AGED 30 YEARS, WIFE OF SRI. KRISHNAMURTHY, R/A. BLOCK 31 EKALAVYANAGARA INDIRAGANDI BADAVANE, METAGALLI, MYSURU - 570 016

PERMANENT RESIDENT AT K HOSAHALLI VILLAGE, KUNDURU HOBLI, ALUR TALUK HASSAN DISTRICT 573 128

…PETITIONER

(BY SRI. PALLAVA R., ADVOCATE)

AND:

Digitally signed by AND: AASEEFA PARVEEN SHRI KRISHNAMURTHY Location: HIGH AGED ABOUT 44 YEARS, COURT OF SON OF SHRI BASAVEGOWDA, KARNATAKA AT PRESENT RESIDING AT MUTTIGE VILLAGE (KATTEHOLE) K HOSKOTE HOBLI ALUR TALUK HASSAN DISTRICT - 573 129

…RESPONDENT

(RESPONDENT IS SERVED)

THIS CIVIL PETITION IS FILED UNDER SEC.24(1)(B)(II) OF CPC, 1908, PRAYING TO WITHDRAW M.C.NO.39/2023

2 -

NC: 2025:KHC:7051 CP No. 455 of 2023

PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, HASSAN AND TRANSFER THE SAME TO COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, MYSORE TO TRY AND DISPOSE THE SAME IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri. Pallava.R learned counsel for the

petitioner.

As per the order of this Court dated 06.01.2025, the Family Court, Hassan served notice upon the counsel appearing for the respondent. Proof to that effect is on record. No representation on respondent's side on call. Recorded.

This is a petition filed seeking the Court to transfer M.C. No.39/23 which is pending before the Court of Principal Judge, Family Court, Hassan to the Court of Principal Judge, Family Court, Mysuru.

3 - NC: 2025:KHC:7051 CP No. 455 of 2023

Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Their lawful wedlock resulted in birth of two children. The elder child is aged about six years and the younger one is aged about four years at present. Both the children are under the custody of the petitioner. The petitioner and her children are residing at the brother's house of the petitioner at Mysuru. The respondent filed a petition seeking a decree of dissolution of marriage and the same is pending before the Court of Principal Judge, Family Court, Hassan. The petitioner who is under obligation to look after the children is unable to travel from Mysuru to Hassan to attend the Court on each and every date of adjournment. Further she has no financial sources. Therefore, she filed this petition seeking transfer and therefore her request may be honored.

The grounds urged remains unopposed. As per the version of the petitioner she is required to take care of her tender aged children. Having considered the grounds

4 - NC: 2025:KHC:7051 CP No. 455 of 2023

urged, this Court is of the view that transfer as prayed for is required to be effected.

Thus the following:-

ORDER

i. The petition is allowed.

ii. M.C No.39/2023 which is pending before the Court of Principal Judge, Family Court, Hassan is withdrawn and is transferred to the Court of Principal Judge, Family Court, Mysuru.

iii. The Court of Principal Judge, Family Court, Hassan is directed to transmit the entire record in M.C No.39/2023 duly indexed to the Court of Principal Judge, Family Court, Mysuru within one week from the date of receipt of copy of this order.

Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

VS List No.: 1 Sl No.: 1 CT:SNN