Smt Preethi H S v. Prathap Kumar C

Karnataka HC21 Mar 2025CP/530/2024

Case brief

AI extract

What is this about?

NC: 2025:KHC:12003; CP No. 530 of 2024; High Court of Karnataka; Justice Lalitha Kanneganti; decided 21.03.2025; Section 24 CPC transfer petition; transfer of M.C.No.10/2024 divorce case from III Additional Senior Civil Judge and JMFC Devanahalli to Principal Civil Judge and JMFC Maddur; 125 km distance; wife residing with parents at Maddur, no income; respondent served and unrepresented; Crime No.2/2024; Crl.Misc.No.111/2024 maintenance; petition allowed; wife to co-operate with trial.

What did the court decide?

Civil Petition allowed; M.C.No.10/2024 withdrawn from the III Additional Senior Civil Judge and JMFC, Devanahalli and transferred to the Principal Civil Judge and JMFC, Maddur; wife to co-operate with the trial; all I.As. in the Civil Petition stand closed. ¶¶35

Smt Preethi H S Vs Prathap Kumar C — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether M.C.No.10/2024 pending before the III Additional Senior Civil Judge and JMFC, Devanahalli should be transferred to the Principal Civil Judge and JMFC, Maddur, in view of the approximately 125 km distance and the inconvenience caused to the petitioner/wife.

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Court's answer

The Court found the wife resides with her parents at Maddur, has no income and depends on them, and that the distance of about 125 kilometres between Maddur and Devanahalli and the resulting inconvenience justified transferring the case.

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Ratio / Principle

M.C.No.10/2024 filed by the respondent is withdrawn from the file of the III Additional Senior Civil Judge and JMFC, Devanahalli and transferred to the file of the Principal Civil Judge and JMFC, Maddur; the wife is directed to co-operate with the trial.

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Detailed headnote1 paragraphs

Karnataka High Court (single judge: Justice Lalitha Kanneganti) allowed a wife's transfer petition under Section 24 CPC. M.C.No.10/2024, the husband's divorce action pending before the III Additional Senior Civil Judge and JMFC, Devanahalli, was withdrawn from that file and transferred to the Principal Civil Judge and JMFC, Maddur. Grounds: the wife resides with her parents at Maddur, is without income and dependent on them, and faces about 125 km travel to Devanahalli on each hearing date. The respondent was served but filed no vakalath. The wife was directed to co-operate with the trial and all interim applications were closed. Background facts noted in the order: marriage on 10.06.2022; alleged desertion on 17.09.2023; criminal proceedings registered as Crime No.2/2024 by the wife; wife's maintenance application Crl.Misc.No.111/2024 dated 04.06.2024 in which the husband is contesting.

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NC: 2025:KHC:12003 CP No. 530 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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CIVIL PETITION NO. 530 OF 2024

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BETWEEN:

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SMT. PREETHI H.S W/O PRATHAP KUMAR C., DAUGHTER OF SIDDARAJU, AGED ABOUT 22 YEARS, RESIDING AT K.HAGALAHALLI VILLAGE, KASABA HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 422.

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…PETITIONER

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(BY MS. VARSHITHA V. ACHARYA, ADVOCATE FOR SRI. H.C. SHIVARAMU, ADVOCATE)

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AND:

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Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

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Mr.PRATHAP KUMAR.C S/O CHOODAPPA AGED ABOUT 35 YEARS, RESIDING AT BINNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE DISTRICT - 562 110

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…RESPONDENT

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(RESPONDENT SERVED AND UNREPRESENTED)

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THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER M.C.NO.10/2024 PENDING ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT AT DEVANAHALLI, BANGALORE RURAL DISTRICT, FILED BY THE RESPONDENT AND TRANSFER THE SAME TO THE PRINCIPAL CIVIL JUDGE AND JMFC MADDUR, FOR DISPOSAL OF THE SAME, IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ‘DISMISSAL’, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2025:KHC:12003 CP No. 530 of 2024

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ORAL ORDER

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The present petition is filed by the petitioner/wife seeking transfer of M.C.No.10/2024 pending on the file of the III Additional Senior Civil Judge and JMFC, at Devanahalli to the file of the Principal Civil Judge and JMFC, Maddur.

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The parties are referred to as husband and wife for the sake of convenience.

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The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 10.06.2022. It is the case of the wife that the husband deserted her on 17.09.2023. The wife had initiated criminal proceedings against the husband and the same is registered as Crime No.2/2024. Thereafter, the husband had filed MC.No.10/2024 seeking divorce before the III Additional Senior Civil Judge and JMFC, at Devanahalli. The wife had filed Crl.Misc.No.111/2024 on 04.06.2024 seeking maintenance. In that, the husband has filed his vakalath and he is contesting the matter and interim order was passed.

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NC: 2025:KHC:12003 CP No. 530 of 2024

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Learned counsel for the petitioner/wife submits that the wife is residing in Maddur along with her parents and the distance between Maddur and Devanahalli is about 125 kilometers and it is difficult for her to travel from Maddur to Devanahalli on each date of hearing. It is submitted that the wife is depending upon her parents. Considering the inconvenience being caused to the wife, MC.No.10/2024 may be transferred from the Court of III Additional Senior Civil Judge and JMFC, at Devanahalli to the Principal Civil Judge and JMFC, Maddur.

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Though notice is served on the respondent, no vakalath is filed on behalf of him.

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Having heard the learned counsel for the petitioner/wife, perused the entire material on record. The wife is residing along with her parents at Maddur. It is the case of the wife that she has no income and she is depending upon her parents. Considering the fact that the distance between Maddur and Devanahalli is about 125 kilometers and the inconvenience that is being caused to the wife, this Court is inclined to pass the following order:

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NC: 2025:KHC:12003 CP No. 530 of 2024

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ORDER

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i. M.C.No.10/2024 filed by the respondent pending on the file of the III Additional Senior Civil Judge and JMFC, at Devanahalli is withdrawn and the same is transferred to the file of the Principal Civil Judge and JMFC, Maddur.

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ii. The wife shall co-operate with the trial.

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iii. Accordingly, the Civil Petition is allowed .

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iv. All I.As. in this Civil Petition shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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MEG List No.: 2 Sl No.: 2

Smt Preethi H S v. Prathap Kumar C

Case brief

What is this about?

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Smt Preethi H S v. Prathap Kumar C

Case brief

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