Allowed¶29

Smt Dr Rashmi P v. Sri. Dr Pradeep Mitra v

Transfer of matrimonial proceeding – S.24 read with S.151 CPC

Karnataka HC4 Apr 2025CP/68/2025

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What is this about?

Keywords: transfer of matrimonial proceedings; Section 24 CPC; Section 151 CPC; Family Court Bengaluru to Davanagere; dissolution of marriage; MC.No.6744/2024; hardship to wife; meager salary; child aged 1½ years; no objection by husband; CP No. 68 of 2025; High Court of Karnataka; Pradeep Singh Yerur, J.; oral order dated 04.04.2025; parties to appear 28.04.2025.

What did the court decide?

Petition allowed; MC.No.6744/2024 (dissolution of marriage) transferred from the II Additional Principal Judge, Family Court at Bengaluru to the Family Court at Davanagere; both parties, being present before the Court, directed to appear before the Family Court at Davanagere on 28.04.2025 without awaiting any further notice from the Family Court or this Court. ¶29

Smt Dr Rashmi P Vs Sri. Dr Pradeep Mitra v — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:14689 CP No. 68 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO.68 OF 2025

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BETWEEN:

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SMT.DR.RASHMI P. W/O.DR.PRADEEP MITRA V. AGED ABOUT 32 YEARS R/AT NO.1794/1 ABS "SHIVAKRUPA AROHA" SIDDAVEERAPPA BADAVANE 1^ST 'B' CROSS, BIET ROAD BESIDE CANARA BANK DAVANAGERE-577 005

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…PETITIONER

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(BY SRI R.SURESH, ADVOCATE)

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

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Location: HIGH COURT OF KARNATAKA

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SRI DR.PRADEEP MITRA V. S/O.SRI VENKATESH M.A. AGED ABOUT 35 YEARS R/AT NO.233, "SRI SAI KRUPA" BRAHMAKUMARIS ROAD MARUTHI EXTENSION MALUR-563 130

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…RESPONDENT

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(BY SMT.T.R.RAJESHWARI, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 READ WITH SECTION 151 OF CPC PRAYING TO TRANSFER THE CASE IN MC.NO.6744/2024 ON THE FILE OF II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE FILE OF THE FAMILY COURT AT DAVANAGERE.

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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:14689 CP No. 68 of 2025

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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This petition is preferred by the wife seeking transfer of matrimonial proceedings filed by the respondenthusband in MC.No.6744/2024 filed for dissolution of marriage pending on the file of II Additional Principal Judge, Family Court at Bengaluru to the Family Court at Davanagere.

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It is the contention of learned counsel for petitioner-wife that the petition preferred by the husband is at Bengaluru, which is about five hours travel from Shivamogga. It is contended that since the petitioner is getting very meager salary and is having a child aged about 1½ years, she has to depend on her parents to appear for the Court proceedings at Bengaluru. Therefore, it would cause difficulty and hardship to the wife to travel from Davanagere to Bengaluru. Hence, he seeks to transfer the petition filed by the husband before the

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NC: 2025:KHC:14689 CP No. 68 of 2025

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Family Court at Bengaluru to the Family Court at Davanagere.

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Learned counsel for respondent-husband submits

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that she has no objection in the petition being allowed.

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In view of the above, I do not find any legal impediment to transfer the case pending before the Family Court at Bengaluru in MC.No.6744/2024 to the Family Court at Davanagere for adjudication. It is also apparently seen that less amount of hardship would be caused to the respondent-husband in travelling to Davanagere to attend the aforesaid case rather than the wife attending the case at Bengaluru preferred by the respondent-husband. Accordingly, I proceed to pass the following:

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ORDER

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i) The petition is allowed; ii) The matrimonial proceedings in MC.No.6744/2024 filed for dissolution of marriage by the respondent-husband pending on the file of II Additional Principal Judge,

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4 - NC: 2025:KHC:14689 CP No. 68 of 2025

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Family Court at Bengaluru, is ordered to be transferred to the Family Court at Davanagere; iii) Since both the parties are present before the Court, they shall appear before the Family Court at Davanagere on 28.04.2025 , without awaiting any further notice from the Family Court or this Court.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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LB List No.: 4 Sl No.: 11

Smt Dr Rashmi P v. Sri. Dr Pradeep Mitra v

Case brief

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Smt Dr Rashmi P v. Sri. Dr Pradeep Mitra v

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