Smt. Sudha D v Vs Mr. S N Yashodhar

MR. S.N. YASHODHAR S/O. LATE S.L. NARAYANAGOWDA, AGED ABOUT 50 YEARS, SHEELANAGERE GRAMA, SHEELANAGERE HOBLI, KRISHNARAJPETE TALUK, MANDYA DISTRICT, PIN-571426.

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…RESPONDENT

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(BY SRI H. DEVENDRAPPA, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE PROCEEDINGS IN MC.NO.62/2023 FILED BY THE RESPONDENT UNDER SECTION 13(1)(i-a) (i-b) OF HINDU MARRIAGE ACT, 1995, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT AT KRISHNARAJAPETE TO PRINCIPAL JUDGE FAMILY COURT AT BENGALURU.

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

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NC: 2025:KHC:26963 CP No. 503 of 2024

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HC-KAR

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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 by the wife seeking for transfer of MC No.62/2023 pending on the file of Senior Civil Judge and JMFC, Krishnarajapete, Mandya, to the Principal Judge, Family Court at Bengaluru.

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It is forthcoming that the marriage between the parties was solemnized on 26.04.2000 and a son was born to the parties on 05.03.2001 from their wedlock. That the parties lived together for some time. However due to various reasons they have been living separately.

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Heard submissions of the learned counsel Sri Anil R for the petitioner/wife and learned counsel Sri H.Devendrappa appearing for the respondent/husband.

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It is the contention of the learned counsel for the petitioner that the husband is gainfully employed and is having an independent source of income. That the son of

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NC: 2025:KHC:26963 CP No. 503 of 2024

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HC-KAR

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the parties is staying along with the wife and he is pursuing his education at Bengaluru. It is further contended that the wife is gainfully employed since she is required to look after herself as well as the son of the parties. That the wife has filed Criminal Miscellaneous No. 515/2023 which is pending before the jurisdiction Court at Bengaluru. Hence, it is contended that the wife will be put to great hardship if she is required to travel to contest M.C.No. 62/2023 instituted by the husband.

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Per contra, the learned counsel for the respondent submits that the son of the parties has filed a partition suit in O.S.8/2023 at Krishnarajapete and hence no hardship will be caused to the wife if she is required to travel to Krishnarajapete for the purpose of contesting M.C.No.62/2023.

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The submissions of both the learned counsel have been considered and the material on record has been perused.

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NC: 2025:KHC:26963 CP No. 503 of 2024

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HC-KAR

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The matrimonial relationship between the

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parties as also the fact that a son is born to the parties is undisputed. The pendency of the legal proceedings as noticed above is also a matter of record.

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8 . It is forthcoming that the husband has filed M.C.62/2023 under Section 13 (1)(a), 1(b) of the Hindu Marriage Act which is pending before the Court of Senior Civil Judge and JMFC, Krishnarajapete, Mandya.

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Having regard to the fact that the son of the parties is under the care and custody of the wife and she is required to pursue an avocation for the purpose of earning a livelihood for herself and son of the parties, as also having regard to the fact the husband is gainfully employed and having an independent source of income, since the husband in any event is required to travel to Bengaluru for the purpose of prosecuting Crl. Misc. 515/2023 instituted by the wife, keeping in mind the settled proposition of law as held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS

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NC: 2025:KHC:26963 CP No. 503 of 2024

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HC-KAR

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A.S.SARAVANA KARTHIK SHA¹ that while considering

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cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted.

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In view of the aforementioned, the following order is passed:

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ORDER

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i. The above petition is allowed;

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ii. MC No.62/2023 pending on the file of Senior

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Civil Judge and JMFC, Krishnarajapete, Mandya, shall stand transferred to the Principal Judge, Family Court at Bengaluru.

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iii. Both the parties shall appear before the Principal Judge, Family Court at Bengaluru on 20.08.2025 without the requirement of further notice being issued in this regard;

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