Rosy Sharine Vs Sri Ramesh L K

PRATEEKSHA K.R. D/O RAMESH L. AGED ABOUT 17 YEARS, R/AT SANTHRUPTHI, #C91, NHB-KHB COLONY, HOOTAGALLY, BELAVADI POST, MYSORE-570018 SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN PETITIONER NO.1.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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(BY SRI RUPESH KUMAR S., ADVOCATE)

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…PETITIONERS

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AND:

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SRI RAMESH L.K. S/O KENCHAIAH L.C., AGED ABOUT 48 YEARS, R/AT NO.29, 2^ND CROSS, SIDDAIAH LAYOUT, GONDIBASAVANAHALLI ROAD, KUSHALANAGAR TALUK, KODAGU DISTRICT-571234.

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…RESPONDENT

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(BY SRI GOVINDARAJ K., ADVOCATE)

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NC: 2025:KHC:25501 CP No. 480 of 2024

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HC-KAR

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC., PRAYING TO TRANSFERRING THE M.C. PETITION NO.9/2023 PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT SOMWARPET, KODAGU, TO THE PRINCIPAL JUDGE, FAMILY COURT AT MYSORE WHERE CRL. MISCELLANEOUS PETITION NO.590/2022 FILED UNDER SECTION 125 OF CR.P.C., IS PENDING FOR ADJUDICATION AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW.

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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 C.M. POONACHA

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ORAL ORDER

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The present petition is filed under Section 24 of the Code of Civil Procedure, 1908¹ by the wife seeking for transfer of MC No.9/2023 pending on the file of the Senior

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Civil Judge and JMFC, Somwarpet, Kodagu to the Principal Judge, Family Court, Mysuru.

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For the sake of convenience, the parties herein

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are referred to as per their relationship.

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It is forthcoming that the marriage between the parties was solemnized on 12.05.2005 and a daughter was born to the parties from their wedlock. The parties were

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1 Hereinafter referred to as ‘CPC’

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NC: 2025:KHC:25501 CP No. 480 of 2024

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HC-KAR

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residing together for sometime. However, due to various reasons, the parties have been residing separately since 2021.

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The petitioners-wife and daughter have filed Crl. Misc. No.590/2022, under Section 125 of Code of Criminal Procedure, 1973² which is pending before the Principal Judge, Family Court, Mysuru. The respondenthusband has filed M.C. No.9/2023 under Section 27(1) (d) of the Special Marriage Act, 1954 seeking for divorce, which is pending before the Court of Senior Civil Judge and JMFC, Somwarpet, Kodagu. Seeking transfer of MC No.9/2023, the wife has filed the present petition.

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Heard the submissions of the learned counsel

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Sri Rupesh Kumar .S for the petitioners and learned counsel Sri Govindaraj .K for the respondent.

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It is the contention of the learned counsel for

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the petitioners that the daughter of the parties is under

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2 Hereinafter referred to as ‘Cr.P.C.’

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NC: 2025:KHC:25501 CP No. 480 of 2024

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HC-KAR

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the care and custody of the wife and that it would cause

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great hardship to the wife to travel from Mysuru to Somwarpet for the purpose of contesting the proceedings initiated by the respondent-husband. Hence, he seeks to allow the present petition by granting the reliefs sought for in the petition.

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Per contra, learned counsel for the respondent vehemently opposes for grant of relief in the present petition and contends that the wife is also gainfully employed and having independent source of income and that no hardship would be caused to the wife to contest M.C. No.9/2023 at Somwarpet.

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The submissions of the learned counsel for the

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petitioners and respondent have been considered and the material on record has been perused.

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The essential factual matrix viz-a-viz

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relationship between the parties, as also that the daughter of the parties is under the care and custody of the wife, is

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NC: 2025:KHC:25501 CP No. 480 of 2024

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HC-KAR

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undisputed. The proceedings initiated by the respective

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parties are also a matter of record.

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Having regard to the fact that the care and custody of daughter of the parties is with the wife, as also having regard to the fact that the husband, in any event, will be required to travel to Mysuru for the purpose of contesting Crl.Misc. No.590/2022 instituted by the wife and daughter, keeping in mind the settled proposition of law as held by the Hon’ble Supreme Court in the case of

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N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK

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SHA³ that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the

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relief sought in the present petition be granted.

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In view of the aforementioned, the following

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order is passed:

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3 AIR ONLINE 2022 SC 1268

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NC: 2025:KHC:25501 CP No. 480 of 2024

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HC-KAR

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ORDER

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i. The above petition is allowed;

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ii. MC.No.9/2023 pending on the file of Senior Civil Judge and JMFC, Somwarpet, Kodagu shall stand transferred to the Principal Judge, Family Court, Mysuru;

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iii. The parties shall appear before the Principal Judge, Family Court, Mysuru on 16.07.2025 without the requirement of any further notice being issued in this regard;

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iv. It shall be open to the learned Principal Judge, Family Court, Mysuru to assign the transferred case to an appropriate Court;

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v. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law;

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vi. All contentions of the parties are left open.

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Sd/(C.M. POONACHA) JUDGE

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MBM

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List No.: 1 Sl No.: 34

Rosy Sharine v. Sri Ramesh L K

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Rosy Sharine v. Sri Ramesh L K

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