Smt. Nirmala B B Vs Sri. Praveen P B

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NC: 2025:KHC:11333 CP No. 470 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO.470 OF 2023

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BETWEEN:

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SMT.NIRMALA B.B. W/O.SRI PRAVEEN P.B. D/O.SRI B.BOMMAIAH AGED ABOUT 49 YEARS R/AT NO.147/E SANKALP BUILDERS 18^TH 'B' MAIN ROAD WEST OF CHORD ROAD RAJAJINAGAR V BLOCK BENGALURU-560 010

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…PETITIONER

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(BY SRI T.SESHAGIRI RAO, ADVOCATE)

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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SRI PRAVEEN P.B. S/O.SRI P.K.BALAKRISHNAN AGED ABOUT 44 YEARS R/AT NO.1914, 12^TH CROSS III MAIN ROAD, RPC LAYOUT NEAR NEW CAMBRIDGE SCHOOL VIJAYANAGARA BENGALURU NORTH BENGALURU-560 040

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…RESPONDENT

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(BY SMT.RAJITHA T.O., ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC PRAYING TO TRANSFER THE PROCEEDINGS IN MC.NO.155/2023 PRESENTLY PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANDYA VIDE ANNEXURE-A TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU (FAMILY COURT).

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NC: 2025:KHC:11333 CP No. 470 of 2023

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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 MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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This petition is preferred by the petitioner-wife

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seeking transfer of matrimonial proceedings filed by the respondent-husband in MC.No.155/2023 filed for dissolution of marriage pending on the file of the Principal Senior Civil Judge and CJM, Mandya to the Principal Judge, Family Court at Bengaluru.

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Learned counsel for petitioner-wife contends that the respondent-husband has filed a petition for dissolution of marriage under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 against the petitioner-wife, which is pending on the file of Principal Senior Civil Judge and CJM at Mandya. It is further contended by learned counsel for petitioner that the marriage between the petitioner and the respondent was registered on 25.11.2003 and from the marriage, they have a girl child namely, Kumari Meghana, who is presently aged 17 years and pursuing

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NC: 2025:KHC:11333 CP No. 470 of 2023

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her studies at Ramaiah College, Bengaluru. It is further contended that the respondent-husband is away from the petitioner and the minor child since 2016 and is residing at United Arab Emirates (UAE). This being the state of affairs, the respondent-husband got issued a legal notice on 19.07.2022 calling upon the petitioner-wife to consent for filing a mutual consent divorce petition, which was seriously refuted by the petitioner-wife. Thereafter, the respondent-husband has filed a petition for dissolution of marriage against the petitioner-wife in MC.No.155/2023.

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2.1 It is the contention of learned counsel for

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petitioner-wife that both the petitioner and the respondent were the permanent residents of Bengaluru, but the respondent deserted the petitioner and started residing at UAE. It is further contended that petitioner-wife is a single woman; she is the resident of Bengaluru and she cannot travel from Bengaluru to Mandya for the purpose of attending the divorce proceedings initiated by the respondent-husband as she will have to take care of the

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NC: 2025:KHC:11333 CP No. 470 of 2023

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minor child, who is presently studying in Ramaiah College, Bengaluru, so also, the distance between Bengaluru to Mandya is about 105 kms., which would create hardship and inconvenience and financial burden for her to travel on every date of hearing, thereby incurring financial expenses and the petitioner is not in a position to bear the same. Hence, he seeks transfer of the proceedings in MC.No.155/2023 pending on the file of the Principal Senior Civil Judge and CJM, Mandya to the Principal Judge, Family Court, Bengaluru or any Additional Judge, Family Court at Bengaluru.

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Learned counsel for respondent-husband, who is present before the Court, fairly submits that she would not have any objection in the present petition being allowed and the proceedings in MC.No.155/2023 pending before the Principal Senior Civil Judge and CJM, Mandya being transferred to any of the Family Court at Bengaluru.

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Placing the submissions of learned counsels for parties and accepting the hardship and inconvenience that

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NC: 2025:KHC:11333 CP No. 470 of 2023

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would be caused to the petitioner-wife, this petition deserves to be allowed. Accordingly, I pass the following:

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ORDER

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i) This petition is allowed;

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ii) The matrimonial proceedings in MC.No.155/2023 filed for dissolution of marriage by the respondent-husband pending on the file of the Principal Senior Civil Judge and CJM, Mandya, is ordered to be transferred to the Principal Judge, Family Court at Bengaluru.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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LB List No.: 3 Sl No.: 23

Smt. Nirmala B B v. Sri. Praveen P B

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Smt. Nirmala B B v. Sri. Praveen P B

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