Dismissed¶31

Prashanth C P v. Chethana P T

Karnataka HC5 Mar 2025CP/516/2024

Case brief

AI extract

What is this about?

Karnataka High Court (NC: 2025:KHC:9418), CP No. 516 of 2024, Justice Lalitha Kanneganti, decided 05-03-2025. Transfer petition under Section 24 CPC by husband for transfer of matrimonial/divorce case M.C.No.27/2019 from Senior Civil Judge and JMFC, Harihara to Family Court, Davangere; second/successive transfer petition not entertainable after earlier transfer of the same case in C.P.No.259/2017; notification No.Law 51 LCE 2002 dated 26.07.2002 on Family Court Davangere jurisdiction; petition dismissed, I.As. closed.

What did the court decide?

Once a transfer petition is allowed by this Court, the petitioner cannot, on whatsoever ground, file another transfer petition before this Court seeking transfer of the same case. ¶27

Prashanth C P Vs Chethana P T — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:9418 CP No. 516 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 516 OF 2024

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BETWEEN:

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PRASHANTH C.P., S/O. PRAKASH. P.M., AGED ABOUT 34 YEARS, R/O. CHIKKANDAWADI VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK, CHITRADUGA – 577 523

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…PETITIONER

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(BY SRI. CHAKRAVARTHY T.S., ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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CHETHANA P.T., W/O. PRASHANTH C.P, D/O. POOJAR THIPPANNA, AGED ABOUT 30 YEARS, R/AT ANAGAVADI VILLAGE, HARIHARA TALUK, DAVANGERE DISTRICT – 577 243

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…RESPONDENT

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THIS CP FILED UNDER SECTION 24 OF CPC, PRAYING TO (a) PASS AN ORDER TRANSFER THE MATRIMONIAL CASE NO.27/2019 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT HARIHARA TO THE JURISDICTIONAL COURT OF FAMILY COURT DAVANGERE AND PASS SUCH OTHER ORDER AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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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:9418 CP No. 516 of 2024

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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This transfer petition is filed seeking transfer of MC.No.27/2019 on the file of Senior Civil Judge and JMFC at Harihara to the Jurisdictional Court of Family Court at Davangere. The petitioner before this Court is the husband.

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The husband has filed M.C.No.27/2019 on the file of the Senior Civil Judge and JMFC Court at Holalkere seeking divorce. The respondent/wife had filed transfer petition before this Court that is Civil Petition No.259/2017. Then, the M.C.No.27/2019 was transferred from the Senior Civil Judge and JMFC, Holalkere to the Senior Civil Judge at Harihara. Now, the present petition is filed seeking transfer from Senior Civil Judge and JMFC at Harihara to the jurisdictional Court of Family Court at Davangere. It is stated that as per notification No.Law 51 LCE 2002 dated 26.07.2002 the limits of Davangere and Harihara revenue taluk including Davangere town and Harihara town shall be the area within the jurisdiction of the Family Court Davangere shall extend. It is further stated that the

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NC: 2025:KHC:9418 CP No. 516 of 2024

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matrimonial case jurisdiction comes under Family Court Davangere. Hence, the petition has to be transferred.

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Learned counsel for the petitioner submits that the Trial Court had already framed issue with regard to the jurisdiction. He submits that the matter has to be dealt with by the Family Court at Davangere.

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This Court earlier in C.P.No.259/2017 has already transferred the M.C.No.27/2019 from Senior Civil Judge at Holalkere to the Court of Senior Civil Judge at Harihara. On the grounds that are stated by the petitioner, this Court is not able to understand nor the Court can appreciate the same. On considering the reasons, when a transfer petition is allowed by this Court, the petitioner on whatsoever ground cannot file another transfer petition before this Court and seek transfer of the same. It is submitted that already an issue with regard to jurisdiction is framed. The relief that is sought by the petitioner cannot be entertained by this Court. Hence, this Court deems it appropriate to pass the following:

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NC: 2025:KHC:9418 CP No. 516 of 2024

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ORDER

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