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Smt. P. Madhusree Vs L. Deepak — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Smt. P. Madhusree Vs L. DeepakSmt. P. Madhusree v. L. Deepak

Allowed¶32

Smt. P. Madhusree v. L. Deepak

Karnataka HC10 Feb 2025CP/508/2024

Case brief

AI extract

What is this about?

Karnataka High Court (Dr. Justice Chillakur Sumalatha), 10-02-2025, Civil Petition No. 508 of 2024 - Section 24 CPC inter-court transfer of matrimonial proceeding MC No.3787/2023 (dissolution of marriage) from IV Additional Principal Judge, Family Court, Bengaluru to Court of Senior Civil Judge, Hiriyur on the wife-petitioner's ground of travel hardship; transfer allowed, grounds unopposed/respondent consented; record transmission directed within one week; joint appearance fixed on 19.03.2025.

What did the court decide?

Withdrawal and transfer of MC No.3787/2023 from the Court of IV Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, Hiriyur; the Bengaluru court directed to transmit the entire record, duly indexed, to the Court of Senior Civil Judge, Hiriyur within one week from receipt of copy of the order; further notice dispensed with; both parties directed to appear before the Court of Senior Civil Judge, Hiriyur on 19.03.2025.

Why is it important?

Having considered the grounds for transfer, which remained unopposed (the respondent raised no objection), this Court considered it desirable to effect the transfer as prayed for and disposed of the petition accordingly. ¶30

What the court decided

AI extract

Outcome

Withdrawal and transfer of MC No.3787/2023 from the Court of IV Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, Hiriyur; the Bengaluru court directed to transmit the entire record, duly indexed, to the Court of Senior Civil Judge, Hiriyur within one week from receipt of copy of the order; further notice dispensed with; both parties directed to appear before the Court of Senior Civil Judge, Hiriyur on 19.03.2025.

Issue for consideration

Whether MC No.3787/2023 pending before the Court of IV Additional Principal Judge, Family Court, Bengaluru should be withdrawn and transferred to the Court of Senior Civil Judge, Hiriyur, as sought by the wife-petitioner under Section 24 CPC.

Court's answer

Having considered the grounds for transfer, which remained unopposed (the respondent raised no objection), this Court considered it desirable to effect the transfer as prayed for and disposed of the petition accordingly.

Ratio / Principle

The petition was allowed: MC No.3787/2023 pending before the Court of IV Additional Principal Judge, Family Court, Bengaluru stands withdrawn and is transferred to the Court of Senior Civil Judge, Hiriyur.

Detailed headnote1 paragraphs

Transfer petition under Section 24 CPC: Smt. P. Madhusree (wife) sought withdrawal of MC No.3787/2023 - her husband L. Deepak's pending petition for dissolution of marriage before the IV Additional Principal Judge, Family Court, Bengaluru - and its transfer to the Court of Senior Civil Judge, Hiriyur, pleading travel hardship as a lady residing at Hiriyur. The respondent consented to the transfer; with the grounds unopposed, the High Court allowed the petition, ordered the transfer, directed the Bengaluru court to transmit the entire indexed record within one week, and required both parties to appear before the Senior Civil Judge, Hiriyur on 19.03.2025. Bench: Dr. Justice Chillakur Sumalatha. Decided 10.02.2025.

A

1 - NC: 2025:KHC:5914 CP No. 508 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 508 OF 2024

BETWEEN:

SMT. P. MADHUSREE, W/O. DEEPAK. L, AGED ABOUT 34 YEARS, R/AT SRI KRISHNA NIVASA, VEDAVATHINAGAR, CHALLAKERE ROAD, HIRIYUR-577 598, CHITRADURGA DISTRICT.

…PETITIONER

(BY SRI. VIJAYA KUMAR S. C.,ADVOCATE)

AND:

L. DEEPAK, Digitally signed by AASEEFA S/O. LATE C. LINGANNA, PARVEEN AGED ABOUT 37 YEARS, Location: HIGH FLAT NO. 209, SURADHENU, COURT OF VISHOOTHAMA APTS, KARNATAKA COLUMBIA COLLEGE, JAMBUSAVARIDINNE, J. P. NAGAR, 8^TH PHASE, BANGALORE-560 083.

…RESPONDENT

(BY SRI. SHREEPADARAJA G.,ADVOCATE)

THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO WITHDRAW MC NO.3787/2023 FROM THE IVTH ADDITIONAL PRL. JUDGE, FAMILY COURT, BANGALORE AND TRANSFER THE SAME TO THE COURT OF SENIOR CIVIL

2 - NC: 2025:KHC:5914 CP No. 508 of 2024

JUDGE, HIRIYUR AND GRANT SUCH OTHER RELIEF AS THIS HONBLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri.Vijaya Kumar.S.C. learned counsel for the petitioner as well as Sri. Shreepadaraja.G learned counsel for the respondent.

This is a petition filed seeking the Court to transfer

MC No.3787/2023 which is pending before the Court of IV Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, Hiriyur.

Learned counsel for the petitioner states that the petitioner is the legally wedded wife of the respondent. Due to the disputes that arose between them, they are residing separately. The respondent filed a petition seeking dissolution of marriage and the same is pending as MC No.3787/2023 before the Court of IV Additional Principal Judge, Family Court,

3 -

NC: 2025:KHC:5914 CP No. 508 of 2024

Bengaluru. The petitioner is resident of Hiriyur and being a lady, she is facing much difficulty in travelling from Hiriyur to Bengaluru to attend the Court on each and every date of adjournment. Therefore, she moved this application for transfer of the proceedings.

Learned counsel for the respondent reported that

the respondent has no objection to effect transfer as prayed for.

Thus, having considered the grounds projected,

which remain unopposed, this Court considers desirable to effect transfer as prayed for. Thus, the petition is disposed of with the following:

ORDER

(i) The petition is allowed.

(ii) MC No.3787/2023 which is pending before the court of IV Additional Principal Judge, Family Court, Bengaluru is withdrawn and is transferred to the Court of Senior civil Judge, Hiriyur.

(iii) The Court of IV Additional Principal Judge Family Court, Bengaluru is directed to transmit the entire record in MC No.3787/2023 duly indexed to the

4 -

NC: 2025:KHC:5914 CP No. 508 of 2024

Court of Senior Civil Judge, Hiriyur within one week from the date of receipt of copy of this order.

(iv) Parties to the proceedings are directed to appear before the Court of Senior Civil Judge, Hiriyur on 19.03.2025.

(v) Issuance of further notice is not required.

Sd/(DR.CHILLAKUR SUMALATHA)

JUDGE

DS CT:TSM List No.: 1 Sl No.: 62

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether MC No.3787/2023 pending before the Court of IV Additional Principal Judge, Family Court, Bengaluru should be withdrawn and transferred to the Court of Senior Civil Judge, Hiriyur, as sought by the wife-petitioner under Section 24 CPC.¶22
The court held
Having considered the grounds for transfer, which remained unopposed (the respondent raised no objection), this Court considered it desirable to effect the transfer as prayed for and disposed of the petition accordingly.ratio¶30

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure, 190824¶14

Procedural history

How this case reached the court

AI extract

Prior proceeding
Due to marital disputes the parties reside separately; the respondent (husband) filed a petition seeking dissolution of marriage, pending as MC No.3787/2023 before the Court of IV Additional Principal Judge, Family Court, Bengaluru.¶23
Prior proceeding
The petitioner (wife), a resident of Hiriyur, faced difficulty travelling to Bengaluru for each adjournment and therefore moved this transfer application.¶26
Prior proceeding
Learned counsel for the respondent reported that the respondent had no objection to the transfer as prayed for.¶28

Parties & counsel

AI extract

petitioner
Smt. P. Madhusree, W/o. Deepak. L¶7
Sri. Vijaya Kumar S. C.
respondent
L. Deepak, S/o. Late C. Linganna¶11
Sri. Shreepadaraja G.

Coram

AI extract

Hon'ble Dr. Justice Chillakur Sumalathaauthor¶18

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 10 Feb 2025 · February
Registered: 6 Dec 2024
Case no.: CP/508/2024
CNR: KAHC010709412024
Bench: Chillakur Sumalatha
Disposal: ALLOWED
Case type: Civil Petition (CP)

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Cite this judgement

Smt. P. Madhusree v. L. Deepak, CP/508/2024 (KA), decided on 10 February 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure, 190824

View all statutes

Procedural history3

Due to marital disputes the parties reside separately; the respondent (husband) filed a petition seeking dissolution of marriage, pending as MC No.3787/2023 before the Court of IV Additional Principal Judge, Family Court, Bengaluru.
The petitioner (wife), a resident of Hiriyur, faced difficulty travelling to Bengaluru for each adjournment and therefore moved this transfer application.

View full history

Bench / Coram

Hon'ble Dr. Justice Chillakur Sumalatha

Parties & counsel